Page No.# 1/4 GAHC010007492026 2026:GAU-AS:4075-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/139/2026 BHUMIDHAR DEKA AND 2 ORS S/O LATE UMA KANTA DEKA, R/O VILL. SANTIPUR, P.O. NIZ SANTIPUR, P.S. BARAMA, DIST .BAKSA (BTAD, ASSAM, ASSTT. TEACHER OF NATUN HAWLY M.E. SCHOOL. 2: NANDA KALITA S/O LATE JANIK RAM KALITA R/O VIL. GHOWARKUCHI P.O. GHOGRAPAR P.S. GHOGRAPAR DIST. NALBARI ASSAM ASSTT. TEACHER OF HONGSHOBIL M.E. SCHOOL 3: TAPAN HALOI S/O LATE GOBINDA HALOI R/O VILL. BARSIMALUGURI P.O. BARSIMALUGURI P.S. BARAMA DIST. BAKSA (BTAD) ASSAM ASSTT. TEACHER OF UTTAR KHOIRABARI ADARSHA M.E. SCHOOL VERSUS THE STATE OF ASSAM AND 9 ORS REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPTT., DISPUR, GUWAHATI 781006 2:THE DEPTT OF FINANCE REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM Page No.# 2/4 DISPUR GUWAHATI 06 3:W.P.T AND B.C. DEPTT. REPRESENTED BY THE COMMISSIONER AND SECY. DISPUR GUWAHATI 06 4:THE BODOLAND TERRITORIAL COUNCIL REPRESENTED BY THE SECY. DEPTT. OF EDUCATION KOKRAJHAR PIN 783370 5:THE PRINCIPAL SECY. BODOLAND TERRITORIAL COUNCIL. 6:THE SECY. DEPTT. OF EDUCATION BODOLAND TERRITORIAL COUNCIL KOKRAJHAR. 7:THE DIRECTOR OF EDUCATION BODOLAND TERRITORIAL COUNCIL KOKRAJHAR TOWN DIST. KOKRAJHAR ASSAM. 8:THE JOINT SECY. BODOLAND TERRITORIAL COUNCIL KOKRAJHAR. 9:THE BLOCK ELEMENTARY EDUCATION BLOCK TAMULPUR ASSAM. 10:THE DEPUTY INSPECTOR OF SCHOOLS BAKSA Advocate for the Petitioner : MR. S K GOSWAMI, MR. R SHARMA Page No.# 3/4 Advocate for the Respondent : SC, ELEM. EDU, SC, BTC Linked Case : CRP/0/0 SRI BHUMIDHAR DEKA ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THEBRCOMMISSIONER SECRETARY TO THEBRGOVERNMENT OF ASSAM ELEMENTARY8GUWAHATI- 781006. ------------ Advocate for : MR. S K GOSWAMI Advocate for : appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 20.03.2026 (K.R. Surana, J) Heard Mr. S.K. Goswami, learned counsel for the applicants. Also heard Mr. S.K. Talukdar, learned standing counsel for the respondent no.1; Mr. R. Borpujari, learned standing counsel for the respondent no.2; Mr. R. Dhar, learned standing counsel for the respondent no.3; and Ms. M. Buragohain, learned counsel appearing on behalf of Mr. A.K. Bhuyan, learned counsel for the respondent nos.4 to 10. 2. By filing this interlocutory application under section 5 of the Limitation Page No.# 4/4 Act, the applicants have prayed for condoning the delay of 128 days beyond the period of limitation in filing the connected appeal against the judgment and order dated 14.07.2025, passed in WP(C) No.5739/2017. 3. Although the learned counsel for the respondents have objected to the prayer, but considering the explanation tendered, the Court is of the considered opinion that the applicants have been able to make out a ground for explaining the delay, which is accepted to be sufficient cause which had prevented the applicants from filing the connected appeal on time. 4. Accordingly, the delay of 128 days beyond the period of limitation in filing the connected appeal is condoned. 5. This interlocutory application stands allowed. 6. Registry shall now register the connected appeal and list the same for admission. JUDGE JUDGE Comparing Assistant