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2026 DAILYLAW 16481 (GAU)

MD DELOWAR ISLAM AND ORS v. THE DIRECTOR OF EDUCATION

I.A.(Civil)/3410/2026 · 2026-10-12

Soumitra Saikia

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/7 GAHC010166052026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case : I.A.(Civil)/3410/2026 MD DELOWAR ISLAM AND ORS SON OF LATE MAHIM SHEIKH RESIDENT OF VILLAGEKAWATIKA P.O.- KAWATIKA DISTRICTCHIRANG ASSAM PIN-783390. 2: MD TAIJUL ISLAM SON OF LATE KALU MIYA RESIDENT OF VILLAGE-KAWATIKA P.O.- KAWATIKA DISTRICT-CHIRANG ASSAM PIN-783390. 3: FAZLUR RAHMAN SON OF LATE HASAN ALI RESIDENT OF VILLAGE NO. 1 MAJHARBARI P.O.-BHALATALA DISTRICTCHIRANG ASSAM PIN-783390 4: MOMELA KHATUN WIFE OF LATE MD. MOTIYAR RAHMAN RESIDENT OF VILLAGE NO. 1 MAJHARBARI P.O.-BHALATALA DISTRICT-CHIRANG ASSAM PIN783390. Page No.# 2/7 5: TARINI KANTA BARMAN SON OF LATE BIPIN CH. BARMAN RESIDENT OF VILLAGEDANKINAMARI P.O.- HEPACHARA DISTRICT-BONGAIGAON ASSAM PIN783390. 6: BINOD CH SARKAR RESIDENT OF VILLAGE NO. 1 CHAPAGURI WARD NO. 4 P.- CHAPAGURI DISTRICT-CHIRANG ASSAM PIN-783380. 7: REBA RANI RAJBONGSHI DAUGHTER OF LATE KAMINI MOHAN SARKAR RESIDENT OF VILLAGE NO. 1 CHAPAGURI DISTRICTCHIRANG ASSAM PIN-783380 8: SABIN ALIAS CHABIN CH CHOUDHURY SON OF LATE BHUPEN CHANDRA CHOUDHURY RESIDENT OF VILLAGE NO. 1. CHAPAGURI DISTRICTCHIRANG ASSAM PIN-783380. 9: CHANDRA KANTA PATHAK SON OF LATE RAMJIVAN PATHAK RESIDENT OF VILLAGE-JUIJAGA P.O.-GARUBHASA DISTRICT-CHIRANG ASSAM PIN-783373. 10: RINA CHETRY WIFE OF LATE BADRI BAHADUR CHETRY RESIDENT OF VILLAGEJUIJAGA P.O.-GARUBHASA DISTRICTCHIRANG ASSAM PIN-783373. 11: PREMLAL SAH RESIDENT OF VILLAGEJUIJAGA Page No.# 3/7 P.O.-GARUBHASA DISTRICTCHIRANG ASSAM PIN-783373. 12: SURESH TIWARY RESIDENT OF VILLAGEJUIJAGA P.O.-GARUBHASA DISTRICTCHIRANG ASSAM PIN-783373. 13: KRISHNA KANTA TIWARY SON OF PADHAN BAHADUR CHETRY TIWARY RESIDENT OF VILLAGE-NEPALPARA P.O.- GARUBHASA DISTRICT-CHIRANG ASSAM PIN-783373. 14: DHIREN BASUMATARY SON OF LATE GHENARAM BASUMATARY RESIDENT OF VILLAGE NO. 1 BHETGAON P.O.-BIJNI DISTRICT-CHIRANG ASSAM PIN783390. 15: RABI RAM DAIMARY SON OF LATE KHAGEN DAIMARY RESIDENT OF VILLAGEKHAMARGURI P.O.- BOROBAZAR DISTRICT-CHIRANG ASSAM PIN783393. 16: SUNITI BASUMATARY SON OF LATE HEKHER CH. BASUMATARY RESIDENT OF VILLAGE- BARLAWGAON P.- KALIAGAON DISTRICT-CHIRANG ASSAM PIN-783390. 17: SIBA CHARAN RAY SON OF LATE SADHURAM RAY RESIDENT OF VILLAGESILKHAGURI P.O.- SILKHAGURI Page No.# 4/7 DISTRICT-CHIRANG ASSAM PIN783390 18: SUKUMAR DAS SUKUMAR DAS 19: BALENDRA NATH BARMAN SON OF LATE BIDYADHAN BARMAN RESIDENT OF VILLAGE NO. 1 CHOTOLOWGAON P.- BIJNI DISTRICT-CHIRANG ASSAM PIN783390. 20: BALENDRA NARZARY SON OF LATE DANESWAR NARZARY RESIDENT OF VILLAGE-BOR LECHIA GAON P.O.-BIJNI DISTRICTCHIRANG ASSAM PIN-783390. 21: SABIN KUMAR BARMAN SON OF LATE BASANTA KUMAR BARMAN RESIDENT OF VILLAGE NO. 1 CHOTOLOWGAON P.O.-BIJNI DISTRICT-CHIRANG ASSAM PIN783390. 22: RAMENDRA BASUMATARY SON OF LATE JIBAN BASUMATARY RESIDENT OF VILLAGE- BORLECHIA GAON P.O.-BIJNI DISTRICTCHIRANG ASSAM PIN-783390. 23: DWIJENDRA MOHAN RAY SON OF SHIJAM MOHAN RAY RESIDENT OF VILLAGE- BISHNUPUR P.O.-SILKHAGURI DISTRICT-CHIRANG ASSAM PIN-783390. Page No.# 5/7 24: DIBYALATA DIHINGIA RESIDENT OF NARENGI GUWAHATI ASSAM. 25: MANJUSREE RANI DEBI DAUGHTER OF LATE MANO RANJAN NARAYAN DEB RESIDENT OF VILLAGE-GOGAPARA BASUGAON WARD NO. 4 P.O.- BASUGAON DISTRICT-CHIRANG BTR ASSAM PIN-783372. 26: BINAPANI SAHA DAUGHTER OF LATE BIJOY CHANDRA SAHA RESIDENT OF VILLAGE-BASUGAON BASUGAON WARD NO. 2 DISTRICT-CHIRANG BTR ASSAM PIN-783372. 27: KAMALA SHOME DAUGHTER OF LATE GOPAL CHANDRA SHOME RESIDENT OF VILLAGE-SUBHAS NAGAR BASUGAON WARD NO. 1 P.O.-BASUGAON DISTRICT-CHIRANG BTR ASSAM PIN783372. VERSUS THE DIRECTOR OF EDUCATION BODOLAND TERRITORIAL COUNCIL BTC KOKRAJHAR ASSAM PIN- 783370. ------------ Advocate for : MR P BHARDWAJ Advocate for : SC. BTC appearing for THE DIRECTOR OF EDUCATION Page No.# 6/7 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 13.10. 2026 Heard Mr. S. Alom, learned counsel for the applicant/ petitioner. Mr. N. N. Sarma, learned Standing Counsel, BTC. This interlocutory application has been filed seeking impleadment of Director of Education, BTC, Kokrajhar, as a party Respondent No. 6 in the accompanying writ petition, being WP(C) No. 4390/2026. This writ petition has been filed by the petitioners, who are serving as well as retired teaching and non-teaching employees of various M.E. Schools under the District of Chirang. The petitioners claim to have been left out from being provincialised for no fault on their part. They claim for provincialisation from 1990-91/ 1991, stood rejected by the order passed by the Director of Elementary Education on 12.06.2019. Being aggrieved, they had approached this Court earlier by filing WP(C) No. 1651/2024, which however stood withdrawn with liberty. Subsequent thereto, the present writ petition has been filed. It is submitted by the learned counsel for the applicant/ petitioner that the Director of Education, BTC, Kokrajhar is a necessary party, as the relief sought for cannot be granted in its entirety without impleading the said authority. It is further submitted the said authority was inadvertently left out due to oversight, and therefore this Interlocutory Application has been filed. Page No.# 7/7 The learned counsel for the Respondents does not object to the prayer made. Accordingly, this Interlocutory Application stands allowed and disposed of. Therefore, “the Director of Education, Bodoland Territorial Council (BTC), Kokrajhar, Assam” is arrayed as party Respondent No. 6 in WP(C) No. 4390/2026. The petitioner will file amended cause title before the Registry within a period of 1 week from today. JUDGE Comparing Assistant