SURJYAJIT SAIKIA AND 40ORS v. THE STATE OF ASSAM AND 6 ORS
Review.Pet./22/2026 · 2026-03-29
N Unni Krishnan Nair
body2026
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[ 2026 DAILYLAW 4143 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4143 (GAU) · dailylaw.ai ]
Judgment text
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Page No.# 1/8 GAHC010020552026
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Review.Pet./22/2026 SURJYAJIT SAIKIA AND 40ORS S/O LT. GOPAL SAIKIA, WORKING IN CHARAIBAHI COLLEGE, MORIGAON, P.O. CHARAIBAHI, P.S. MORIGAON, DIST. MORIGAON, ASSAM. PIN 782706 2: SMT NILIMA THAKURIA D/O LT. KUKTAR HUSSAIN WORKING IN RANGSINA COLLEGE WEST KARBI ANGLONG P.O. DONKAMUKAM P.S. BAITHALANGSU ASSAM. 3: SAJID HUSSAIN THAKURIA S/O ICHAD HUSSAIN WORKING IN RANGSINA COLLEGE WEST KARBI ANGLONG P.O. DONKAMUKAM P.S. BAITHALANGSU ASSAM. 4: BISWAJYOTI SAIKIA S/O LT. DEBEN SAIKIA WORKING IN RANSINA COLLEGE WEST KARBI ANGLONG P.O. DONKAMUKAM P.S. BAITHALANGSU ASSAM 5: MS SAGORIKA SAIKIA D/O LT. DIMBESWAR SAIKIA WORKING IN RANGSINA COLLEGE WEST KARBI ANGLONG P.O. DONKAMUKAM P.S. BAITHALANGSU ASSAM 6: LUMA KANTA DOLEY S/O RATSESWAR DOLEY WORKING IN JONALI GIRLS COLLEGE P.O. AND P.S. JONAI DIST. DHEMAJI ASSAM 7: MRS CHANDRAMA KALITA
Page No.# 2/8 D/O BHABANI CH. KALITA WORKING IN S.B.M.S. COLLEGE SUALKUCHI P.O. AND P.S. SUALKUCHI BATHAN DIST. KAMRUP R ASSAM. 8: DEWAN ABUL KASHEM S/O ABDUL WAHAB DEWAN WORKING IN PACHIM BARIGOG ANCHALIK MAHAVIDYALAYA P.O. BARANGHATI P.S. KAYA DIST. KAMRUP ASSAM 9: AYNUL HOQUE S/O SURMAN ALI WORKING IN RUKASEN COLLEGE BAKALIA DIST KARBI ANGLONG ASSAM. 10: ABDUL HANNAN KHAN S/O ABDUL JABBAR KHAN WORKING IN SRIMANATA SANKAR MACHAB MAHAVIDYALAY BHATKUCHI P.O. BHATKUCHI P.S. BARPETA DIST. BARPETA ASSAM 11: MD MUKTARUL HOQUE S/O LT. NURUL HAQUE WORKING IN DR. NOBIN BORDOLOI COLLEGE NA-ALI DHEKIALJULI P.S. TITABOR P.O. TITABOR DIST. JORHAT ASSAM 12: BANJAIDGIRI MUSHAHARY S/O PHANINDRA MUSHAHARY BASUGAON COLLEGE P.O. BASUGAON P.S. BASUGAON DIST. CHIRANG ASSAM. 13: SANJIB DEKA S/O PARSU RAM DEKA WORKING IN PACHIM BARIGOG ANCHALIK MAHAVIDYALAYA P.O. BARANGHATI P.S. KAYA DIST. KAMRUP ASSAM 14: MS RASHMI REKHA SAIKIA D/O CHANDRA SAIKIA WORKING IN KAMARBANDHA COLLEGE P.O.
Page No.# 3/8 KAMARBANDHA P.S. KAMARBANDHA DIST. GOLAGHAT ASSAM. 15: MRS ARCHANA BORAH PATHAK D/O INDRESWAR BORAH WORKING IN KAMARBANDHA COLLEGE P.O.
KAMARBANDHA P.S. KAMARBANDHA DIST. GOLAGHAT ASSAM. 16: ASHRAFUL HUSSAIN S/O ISHARUDDIN BORAH WORKING IN PRAGATI COLLEGE P.O.
AGAMONI P.S. AGAMONI DIST. GOLAGHAT ASSAM 17: MS BINITA CHUTIA D/O LT. BHUG RAM CHUTIA WORKING IN BIRLACHIT BORPHUKAN COLLEGE P.O. SIBSAGAR P.S. SIBSAGAR DIST. SIBASAGAR ASSAM 18: UJJAL KALITA S/O LT. JADU KALITA WORKING IN SALBARI COLLEGE SALBARI P.O.
SALBARI P.S. PATHSALA DIST. BARPETA 19: MS RASHMI REKHA DUTTA D/O SRI LALIT CH. DUTTA L.T.K. COLLEGE AZAD P.O. NORTH LAKHIMPUR P.S. NORTH LAKHIMPUR DIST.
NORTH LAKHIMPUR ASSAM. 20: JAHANUR HUSSAIN S/O NUR HUSSAIN SHEIKH WORKING IN SWAMI YOGANDA GIRI COLLEGE P.O. SAKTI ASHRAM P.S. SAKTI ASHRAM DIST. KOKRAJHAR ASSAM. 21: KULADHAR PATAWARY S/O LT. BHUPEN PATOWARY WORKING IN DISPUR COLLEGE GANESGURI GUWAHATI P.O. AND P.S. DISPUR DIST. KAMRUP M ASSAM. 22: IDRISH ALI S/O JIKIR ALI WORKING IN PASHIM BARIGOG ANCHALIK MAHAVIDYALAYA P.O. BARANGHATI P.S. KAYA DIST. KAMRUP ASSAM 23: MASUM DAS S/O SWEET CHANDRA DAS WORKING IN KAKOJAN COLLEGE JORHAT P.S. KAKOJAN P.O. KAKOJAN ASSAM 24: PANKAJ SARMA S/O DHARANI SARMA WORKING IN UTTAR KAMPEETH COLLEGE JAGARA P.O. JAGARA P.S. BELSOR DIST. NALBARI ASSAM 25: MD KHAIRUL ISLAM S/O LT. ABDUL KADIR WORKING IN BATADRABA SRI SRI SANKARDEVA COLLEGE BATADRABA P.O. AND P.S. BATADRABA DIST. NAGAON ASSAM. 26: DR ABU TAHER AHMED
Page No.# 4/8 S/O MD. ABDUR RAHMAN WORKING IN UTTAR KAMPEETH COLLEGE JAGARA P.O. JAGARA P.S. BELSOR DIST. NALBARI ASSAM. 27: BIKASH ROY S/O DHARMESWAR ROY WORKING IN BASUGAON COLLEGE BASUGAON CHIRANG P.O. AND P.S. BASUGAON ASSAM 28: SAMIR KUMAR NATH S/O LT. HARAKANTA NATH WORKING IN MAYANG ANCHALIK COLLEGE P.O. RAJAMAYANG P.S. RAJAMAYANG DIST. MORIGAON ASSAM. 29: PARESH KUMAR NATH S/O MOTILAL NATH WORKING IN CHARIBALI COLLEGE MORIGAON P.O.
MORIGAON P.S. CHARIBAHI DIST. MORIGAON ASSAM. 30: SATYA RANJAN PRADHANI S/O LT. DHIRENDRA PADHANI WORKING IN GOSSAINGAON COLLEGE GOSSAIGAON P.O. GOSSAINGAON P.S. GOSSAINGAON DIST. KOKRAJHAR ASSAM. 31: TILAK NATH S/O BHUBAN CH. NATH WORKING IN MAYANG ANCHALIK COLLEGE P.O.
RAJAMAYANG P.S. RAJAMAYANG DIST. MORIGAON ASSAM 32: MWKTHUNG BRAMAH S/O ARUN KR. BRAMHA WORKING IN GOSSAIGAON COLLEGE GOSSAIGAON P.O. GOSSAIGAON P.S. GOSSAIGAON DIST. KOKRAJHAR ASSAM. 33: MD SHARIFUL ISLAM S/O MUFTI MD. KHAIRUL ISLAM WORKING IN BARADRABA SRI SRI SANKARDEV COLLEGE BATADRABA NAGAON P.O. AND P.S. BATADRABA DIST. NOGAON ASSAM 34: PARBIN SULTANA C/O NAMWAR ALI WORKING IN WEST SILCHAR COLLEGE P.O.
BARJATRAPUR CHAR P.S. BARJATRAPUR DIST.
CACHAR ASSAM 35: SONALEE SAIKIA D/O NANDESWAR SAIKIA WORKING IN CINAMARA COLLEGE KAVYAKSHTRA P.O. CINNAMARA P.S. JORHAT DIST. JORHAT ASSAM. 36: SHYAMALI BORA D/O GHANA KANTA BORA WORKING IN RUKSANA COLLEGE BAKALIA KARBI ANGLONG P.O. BAKALIA P.S. BAKALIA DIST. KARBI ANGLONG ASSAM. Page No.# 5/8 37: MUZAHIDUL AHMED S/O MAHAMMAD ALI WORKING IN JURIA COLLEGE P.O. FAKULI PATHAR P.S. BATADRAVA DIST. NAGAON ASSAM. 38: DEBAJIT DUTTA S/O GOPINATH DUTTA WORKING IN L.T.K. COLLEGE AZAD NORTH LAKHIMPUR P.O. NORTH LAKHIMPUR P.S. NORTH LAKHIMPUR ASSAM. 39: SHAH ALOM BEPARI S/O KASHEM ALI BEPARI WORKING IN PROGATI COLLEGE AGOMANI P.O.
AGOMANI P.S. AGOMANI DIST. DHUBRI ASSAM 40: MRS NEELAM SHARMA D/O SURENDRA SHARMA WORKING IN GIRLS COLLEGE KOKRAJHAR P.O. KOKRAJHAR P.S. KOKRAJHAR DIST. KOKRAJHAR BTAD ASSAM. 41: CHANDANA DEVI D/O NARESWAR NATH WORKING IN L.G.B. GIRLS COLLEGE P.O. MISSION CHARIALI P.S. MISSION CHARIALI DIST. TEZPUR ASSAM VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF HIGHER EDUCATION, DISPUR, GUWAHATI 781006, ASSAM. 2:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM EDUCATION DEPARTMENT DISPUR GUWAHATI 781006. 3:THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT DISPUR GUWAHATI 781006. 4:THE COMMISSIONER AND SECRETARY FINANCE SIU DEPARTMENT GOVERNMENT OF ASSAM DISPUR GUWAHATI 781006. 5:THE DIRECTOR OF HIGHER EDUCATION ASSAM KAHILIPARA GUWAHATI 781019. Page No.# 6/8 6:THE MINISTRY OF HUMAN RESOURCE DEVELOPMENT THE MINISTRY OF HUMAN RESOURCE DEVELOPMENT 7:THE UNIVERSITY GRANTS COMMISSION REPRESENTED BY THE CHAIRMAN BAHADUR SHAH ZAFAR ALI MARG NEW DELH Advocate for the Petitioner : MR. M K CHOUDHURY, MR. R BORPATRA,MR. M SARMA Advocate for the Respondent : SC, HIGHER EDU, SC, FINANCE
BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER Date : 30.03.2026 Heard Mr. M K Choudhury, Learned Senior Counsel assisted by Mr. M Sharma, Learned Counsel for the petitioners. Also heard Mr. K Gogoi, Learned Standing Counsel, Higher Education, Assam appearing for the respondent nos. 1, 2 & 5. None appears for the other respondents.
2. The present review petition has been instituted praying for recall of an
order dated 25.03.2025, passed by this Court in WP(C)/4703/2018, WP(C)/7088/2015, WP(C)/7225/2015 and WP(C)/4625/2020.
3. Mr. MK Choudhury, Learned Senior Counsel, appearing for the petitioners has submitted that the order dated 25.03.2025 was passed by this Court, basing on a projection made that the issues arising, therein, was covered by a decision of this Court in the case of Om Prakash Sah Vs. State of Assam & Ors. (Judgment and order dated 29.01.2024, in WP(C) No. 8035/2017) which, on being assailed, is presently pending
consideration before the Division Bench of this Court. Accordingly, he submits that, as consented to by the parties, the above noted writ petitions were directed, by this Court, vide the order dated 25.03.2025, to be listed
Page No.# 7/8 after the disposal of the Writ Appeal No. 138/2019 and Writ Appeal No. 417/2024.
4. Mr. MK Choudhury, Learned Senior Counsel, appearing for the petitioners, has submitted that on a perusal of the decision of this Court in the case of Om Prakash Sah Vs. State of Assam & Ors, it had come to the notice that certain further issues were also required to be raised before this Court by the petitioners and accordingly, he prays that the said issues be also considered by this Court, at the first instance. Accordingly, it is prayed for recall of the said order dated 25.03.2025.
5. Mr. K Gogoi, Learned Standing Counsel, Higher Education, Assam, appearing for the respondent nos. 1, 2 & 5, at the outset, has submitted that the issue, raised by the petitioners in the connected writ petitions, being already under consideration by the Division Bench of this Court, the decision of the Division Bench of this Court would have a bearing on the issues arising in the present writ petitions and accordingly, for the said reason, he had made submissions, to take up the connected writ petitions after disposal of the proceedings before the Division Bench of this Court. He, however, submits that in the event the petitioners, in the connected writ petitions, wants to have the same to be considered on merit, before completion of the proceedings before the Division Bench of this Court, he would have no objection in the matter.
6. In view of the above position and the petitioners having prayed for
consideration of the issues, arising in the above noted writ petitions, on merits, this Court is of the considered view that the order dated 25.03.2025, which otherwise would be a bar for such consideration on merits before disposal of the Writ Appeal No. 138/2019 and Writ Appeal No. 417/2024, would mandate to be reviewed and accordingly, the said order dated 25.03.2025, on review, is recalled.
7. Registry to list the connected writ petitions being WP(C)/4703/2018, WP(C)/7088/2015, WP(C)/7225/2015 and WP(C)/4625/2020, again on
Page No.# 8/8 24.04.2026, for admission.
8. Accordingly, the Review Petition stands disposed of. JUDGE Comparing Assistant