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2026 DAILYLAW 4247 (GAU)

RAJIV KALITA v. THE STATE OF ASSAM AND ORS

I.A.(Civil)/960/2026 · 2026-03-26

Kardak Ete

body2026

Judgment text

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Page No.# 1/2 GAHC010060342026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/960/2026 RAJIV KALITA S/O ATUL KALITA RESIDENT OF VILLAGE BORBHETA, PO BORBHETA, PS ROWRIAH DIST JORHAT,ASSAM, 785004 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HIGHER EDUCATION DEPARTMENT,DISPUR, GUWAHATI 781006 2:THE JOINT SECRETARY TO THE GOVT. OF ASSAM HIGHER EDUCATION (TECHNICAL) DEPARTMENT DISPUR GUWAHATI 06 3:THE DIRECTOR OF TECHNICAL EDUCATION ASSSAM KAHILIPARA GUWAHATI 781019 4:THE PRINCIPAL JORHAT INSTITUTE OF SCIENCE AND TECHNOLOGY CHENAIJAN SOTIA JORHAT ASSAM 78501 Advocate for the Petitioner : MRS K DEVI, MR J ABEDIN,MS S A KHALIFA Advocate for the Respondent : SC, HIGHER EDU, Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 27.03.2026 Heard Mr. A. Deka, learned counsel for the petitioners. Also heard Mr. A.R. Tahbildar learned Standing Counsel, Higher Education Department. This application has been filed praying for continuation of interim order dated 15.12.2021, till the disposal of the connected writ petition. This Court while issuing notice on 15.12.2021, passed an interim order providing that the service of the petitioner as Assistant Professor (Full time contractual) in the faculty of computer science in Jorhat Institute of Science and Technology shall not be disturbed. Mr. A. Deka, learned counsel for the petitioner submits that during the pendency of the connected writ petition, the respondent authorities have issued an advertisement dated 10.03.2026 for filling up of 4 (four) number of posts of Assistant Professor in the faculty of computer science in Jorhat Institute of Science and Technology, Jorhat. The challenges in the writ petition is to the notification dated 25.02.2021, whereby, the petitioner and the other similarly situated persons have been asked to submit an undertaking not to seek regularization in their respective services. Having considered that the issues needs to be finally determined as to whether the notification requiring submission of an undertaking would be legal or not under the law, I deem it appropriate to continue the interim order passed by this Court on 15.12.2021. Accordingly, the interim order dated 15.12.2021 directing not to disturb the service of the petitioner, shall continue till the next date of listing. I.A. stands allowed and disposed of. JUDGE Comparing Assistant