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2026 DAILYLAW 1747 (GAU)

NILOTPOL DAS AND 6 ORS v. THE STATE OF ASSAM AND 5 ORS

WP(C)/5138/2024 · 2026-03-17

Kardak Ete

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010201132024 2026:GAU-AS:3940 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5138/2024 NILOTPOL DAS AND 6 ORS S/O- LT. NIKHIL CHANDRA DAS, R/O- VILL- GHORAMARA, P.O.- CHAITANYA NAGAR, DISTRICT- KARIMGANJ, ASSAM. 2: SUJIT NAMASUDRA S/O LT. SUKHAMOY NAMASUDRA R/O- VILL. JATAI P.O.- SHAYAM NAGAR P.S. AND DISTRICT- KARIMGANJ ASSAM. 3: APURBA CHAKRABORTY S/O- LT. RANADHAN CHAKRABORTY R/O- VILL. DHURAJIN P.O.- LATU DISTRICT- KARIMGANJ ASSAM. 4: RAM JANAM KURMI S/O- LT. JAGADISH KURMI R/O- BIDYANAGAR P.O.- BIDYANAGAR DISTRICT- KARIMGANJ ASSAM. 5: KUTUB UDDIN CHOUDHURY S/O- LATE MEHTAB UDDIN CHOUDHURY Page No.# 2/4 R/O- VILL. AND P.O.- BAGBARI DISTRICT- KARIMGANJ ASSAM. 6: NARAYAN CHANDRA PAUL S/O- LT. SRISH CHANDRA PAUL R/O- VILL.- GIADHURA P.O. KARNAMADHU DISTRICT- KARIMGANJ ASSAM. 7: BIDHU BHUSAN DAS S/O- LATE ADHAR CHANDRA DAS R/O- VILL.- KHOLA P.O.- MARJATKANDI DISTRICT- KARIMGANJ ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS THROUGH THE SECRETARY TO THE GOVERNMENT OF ASSAM, SCHOOL EDUCATION DEPARTMENT, ASSAM, DISPUR, GUWAHATI- 781006. 2:THE COMMISSIONER TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- 781006. 3:THE CHAIRMAN COMMITTEE ON PETITIONS ASSAM LEGISLATIVE ASSEMBLY DISPUR GUWAHATI- 781006. 4:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 781019. 5:THE INSPECTOR OF SCHOOLS KARIMGANJ P.O. KARIMGANJ DISTRICT- KARIMGANJ ASSAM PIN- 788710. Page No.# 3/4 6:THE TREASURY OFFICER KARIMGANJ BADARPUR R.K. NAGAR P.O.- KARIMGANJ DISTRICT- KARIMGANJ ASSAM PIN- 788710 Advocate for the Petitioner : MR. I H SAIKIA, MR. M R CHOUDHURY,MR. K KALITA,MR. B BORAH Advocate for the Respondent : SC, SEC. EDU., SC, FINANCE DEPTT. BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 18-03-2026 Heard Mr. I. H. Saikia, learned counsel for the petitioners. Also heard Mr. P. P. Dutta, learned Standing Counsel, Secondary Education Department, and Mr. R. Borpujari, learned Standing Counsel, Finance Department. The petitioners, claim to have been appointed as Grade-IV in the various High Schools of Karimganj District (now Sribhumi), have challenge the decision of the respondent authorities to discharge them being the excess appointees by providing a package to them on the basis of the service they have rendered. During the pendency of the present writ petition, the respondent authorities have considered the case of the petitioners by providing them an opportunity of hearing and have arrived at a conclusion that the appointment of the petitioners were in violation of the applicable Recruitment Rules as well as Page No.# 4/4 Articles 14 & 15 of the Constitution of India and therefore, the petitioners have been held to have no right to continue in their posts or to claim any benefits, including the salary. In view of the subsequent development, whereby the petitioners’ cases appears to have been considered and rejected, Mr. I. H. Saikia, learned counsel for the petitioners, submits that he may be allowed to withdraw this writ petition with a liberty to challenge the decision of the respondent authorities. The prayer for withdrawal of the writ petition is accepted. Accordingly, writ petition stands closed on withdrawal with a liberty, as prayed for. Mr. P. P. Dutta, learned Standing Counsel, Secondary Education Department, shall furnish a copy of the decision dated 16.03.2026 to Mr. I. H. Saikia, learned counsel for the petitioners. A copy of the communication and the decision dated 16.03.2026 are kept on record and marked as Document “X”. JUDGE Comparing Assistant