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2026 DAILYLAW 16804 (GAU)

SEKHAR JYOTI RAHMAN v. HASNARA BEGUM AND 5 ORS.

I.A.(Civil)/2958/2026 · 2026-10-11

Kaushik Goswami, Sanjay Kumar Medhi

body2026

Judgment text

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Page No.# 1/4 GAHC010173432026 2026:GAU-AS:15344-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2958/2026 SEKHAR JYOTI RAHMAN ASSISTANT TEACHER OF LAHARIGHAT LP SCHOOL, MORIGAON, PIN- 782126, S/O- MOJIBUR RAHMAN, R/O VILLAGE TENGAGURI, KACHARIGAON, PO.TENGAGURI, P.S-LAHORIGHAT, DIST- MORIGAON, ASSAM, PIN-782127 VERSUS HASNARA BEGUM AND 5 ORS. C/O. MD. SURAJ ALI, R/O VILLAGE DAKHIN CHENIMARI, P.O KATHANI, P.S LAHARIGHAT, DIST-MORIGAON, ASSAM PIN-78127, ASSAM. 2:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO GOVT OF ASSAM DEPT OF SCHOOL EDUCATION DISPUR GUWAHATI 781006 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 4:THE DEPUTY INSPECTOR OF SCHOOLS MORIGAON MORIGAON PIN-782105 ASSAM 5:THE BLOCK ELEMENTARY EDUCATION OFFICER (BEEO) LAHARIGHAT MORIGAON PIN-782126 Page No.# 2/4 ASSAM 6:THE MISSION DIRECTOR AXOM SARBA SIKSHA ABHIJAN MISSION KAHILIPARA GUWAHATI-1 Advocate for the Petitioner : L DEKA, MR. M DUTTA Advocate for the Respondent : SC, EDU, SC, A S S A Linked Case : CRP/0/0 SEKHAR JYOTI RAHMAN S/O-MOJIBUR RAHMAN R/O OF VILLAGE TENGAGURI KACHARIGAON PO.TENGAGURI P.S-LAHORIGHAT DIST-MORIGAON ASSAM PIN-782127 VERSUS HASNARA BEGUM W/O MD. SURAJ ALI R/O VILLAGE DAKHIN CHENIMARI P.O KATHANI P.S LAHARIGHAT IN THE DUSTRICT OF P.O- KATHANI P.S- LAHORIGHAT DIST-MORIGAON ASSAM PIN-78127 2:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO GOVT OF ASSAM DEPT OF SCHOOL EDUCATION DISPUR GUWAHATI 781006 3:THE DEPUTY INSPECTOR OF SCHOOLS MORIGAON PIN 782105 ASSAM 4:THE BLOCK ELEMENTARY EDUCATION OFFICER BEEO LAHARIGHAT Page No.# 3/4 MORIGAON PIN-782126 ASSAM 5:THE MISSION DIRECTOR AXOM SARBA SIKSHA ABHIJAN MISSION KAHILIPARA ------------ Advocate for : Lachit Deka Advocate for : appearing for HASNARA BEGUM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 12.10.2026 (S. K. Medhi, J) Heard Sri. M Dutta, learned Senior counsel assisted by Mr. L Deka, learned counsel for the applicant, who has filed this application for condonation of delay of 23 days in preferring the connected writ appeal. Notice was issued on 28.08.2026, pursuant to which Sri. D S Deka, learned counsel has entered appearance on behalf of the respondent No. 1. Also heard Ms. K Das, learned Standing counsel, Education Department for the respondent Nos. 2, 3, 4 & 5 and Ms. A Borthakur, learned counsel for the respondent No. 6. The learned counsel for the respondents have fairly submitted that they would not have serious objection to the aspect of condoning the delay and would rather contest the writ appeal on merits. It is a settled position of law that in an application seeking condonation of delay, a pragmatic and justice oriented approach should be taken. We have also gone through the reasons explaining the delay. Considering the above, the delay of 23 days in preferring the connected writ Page No.# 4/4 appeal is condoned. The interlocutory application accordingly stands allowed. The delay being condoned, the connected writ appeal be registered and listed for Admission, immediately after the autumn vacation. Let copies of the connected writ appeal be served upon the learned counsel for the respondents. JUDGE JUDGE Comparing Assistant