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2026 DAILYLAW 16607 (GAU)

SHAH ALOM BARBHUIYA v. THE STATE OF ASSAM AND 6 ORS.

I.A.(Civil)/3016/2026 · 2026-10-13

N Unni Krishnan Nair

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/3 GAHC010180352026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3016/2026 SHAH ALOM BARBHUIYA SON OF ALA UDDIN BARBHUIYA, R/O VILLAGE- KUCHILA, P.O.- KUCHILA BAZAR, DISTRICT- HAILAKANDI, ASSAM, PIN- 788155. VERSUS THE STATE OF ASSAM AND 6 ORS. REPRESENTED BY THE COMMISSIONER SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI- 6. 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 19 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER HAILAKANDI P.O. P.S AND DIST - HAILAKANDI ASSAM PIN - 788151 4:THE DISTRICT SCRUTINY COMMITTEE FOR ELEMENTARY EDUCATION HAILAKANDI REPRESENTED BY ITS CHAIRMAN CUM DISTRICT COMMISSIONER P.O AND DIST- HAILAKANDI ASSAM PIN-788151 5:THE STATE LEVEL SCRUTINY COMMITTEE FOR ELEMENTARY Page No.# 2/3 EDUCATION REPRESENTED BY ITS CHAIRMAN CUM THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 6:THE DISTRICT MISSION COORDINATOR SSA MISSION HAILAKANDI P.O P.S AND DIST- HAILAKANDI ASSAM PIN- 788151 7:THE MISSION DIRECTOR SSA MISSION ASSAM KAHILIPARA GUWAHATI-1 Advocate for the Petitioner : MR F U BARBHUIYA, MS S DAS Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM,SC, SSA BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 14.10.2026 Heard Mr. F U Barbhuiya, learned Counsel for the petitioner. Also heard Mr. P N Sarma, learned Standing Counsel, Dept. of Elementary Education, Assam. The present Interlocutory Application has been instituted by the petitioner praying for amendment of the pleadings in the connected writ petition, i.e. WP(C) No. 2508/2025, as indicated in paragraphs 11 to 16 of the present Interlocutory Application. Page No.# 3/3 This Court had issued notice in the matter on 16.09.2026. Mr. P N Sarma, learned Standing Counsel, Dept. of Elementary Education, Assam, submits that he would have no objection to this Court allowing the present Interlocutory Application, permitting the Petitioner to amend the connected writ petition, in the manner, as indicated in paragraphs 11 to 16 of the present Interlocutory Application. The respondents having not objected to the prayer for amendment of the present writ petition, made in the present Interlocutory Application, and there being no allegation that the amendments sought to effected would have the effect of changing the nature of the writ petition, this Court is of the considered view that the present Interlocutory Application, would mandate to be allowed and accordingly, the petitioner is permitted to amend the connected writ petition, in the manner as indicated in paragraphs 11, 12, 13, 14, 15 & 16 of the present Interlocutory Application. The petitioner to file an amended writ petition, effecting the amendment in the writ petition, as indicated, hereinabove. With the above observations and directions, the present Interlocutory Application stands disposed of. JUDGE Comparing Assistant