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2026 DAILYLAW 4287 (GAU)

DHRUBA DAS v. THE STATE OF ASSAM AND 9 ORS

I.A.(Civil)/3554/2025 · 2026-03-10

Kalyan Rai Surana, Susmita Phukan Khaund

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Judgment text

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Page No.# 1/5 GAHC010215442025 2026:GAU-AS:3628- DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3554/2025 DHRUBA DAS S/O SRI PABAN CHANDRA DAS, R/O VILL. NAHARBARI, P.O. CHARAIMARI, DIST. BAKSA, BTAD, ASSAM, PIN 781315 VERSUS THE STATE OF ASSAM AND 9 ORS REPRESENTED BY THE COMMISSIONER AND SECY. DEPTT. OF ELEMENTARY EDUCATION, DISPUR, GUWAHATI 06 2:THE COMMISSIONER AND SECY. DEPTT. OF FINANCE DISPUR GUWAHATI 06 3:THE COMMISSIONER AND SECY. WPT AND BC DEPTT. DISPUR GUWAHATI 06 4:THE BODOLAND TERRITORIAL COUCIL REPRESENTED BY THE SECY. BTC KOKRAJHAR. 5:THE PRINCIPAL SECY. BODOLAND TERRITORIAL COUNCIL KOKRAJHAR. 6:THE SECY. Page No.# 2/5 DEPTT. OF EDUCATION BODOLAND TERRITORIAL COUNCIL KOKRAJHAR. 7:THE DIRECTOR OF EDUCATION BODOLAND TERRITORIAL COUNCIL KOKRAJHAR. 8:THE DIST. ELEMENTARY EDUCATION OFFICER MUSHALPUR BAKSA ASSAM. 9:THE BLOCK ELEMENTARY EDUCATION OFFICER TIHU BARAMA BLOCK BAKSA ASSAM. 10:THE DEPUTY INSPECTOR OF SCHOOLS TIHU BARAMA BASKA BTAD ASSAM Advocate for the Petitioner : MRS. K DEVI, MR. A DEKA,N O POMONG Advocate for the Respondent : SC, ELEM. EDU, SC, WPT AND BC,SC, BTC Linked Case : DHRUBA DAS S/O SRI PABAN CHANDRA DAS R/O VILL. NAHARBARI P.O. CHARAIMARI DIST. BAKSA BTAD ASSAM PIN 781315 Page No.# 3/5 VERSUS THE STATE OF ASSAM THE 8 ORS REPRESENTED BY THE COMMISSIONER AND SECY. DEPTT. OF ELEMENTTARY EDUCATION DISPUR GUWAHATI 06 2:THE COMMISSIONER AND SECY. DEPTT. OF FINANCE DISPUR GUWAHATI 06 3:THE COMMISSIONER AND SECY. WPT AND BC DEPTT. DISPUR GUWAHATI 06 4:THE BODOLAND TERRITORIAL COUCIL REPRESENTED BY THE SECY. BTC KOKRAJHAR. 5:THE PRINCIPAL SECY. BODOLAND TERRITORIAL COUNCIL KOKRAJHAR. 6:THE SECY. DEPTT. OF EDUCATION BODOLAND TERRITORIAL COUNCIL KOKRAJHAR. 7:THE DIRECTOR OF EDUCATION BODOLAND TERRITORIAL COUNCIL KOKRAJHAR. 8:THE DIST. ELEMENTARY EDUCATION OFFICER MUSHALPUR BAKSA ASSAM. 9:THE BLOCK ELEMENTARY EDUCATION OFFICER TIHU BARAMA BLOCK Page No.# 4/5 BAKSA ASSAM. 10:THE DEPUTY INSPECTOR OF SCHOOLS TIHU BARMA BASKA BTAD ASSAM. ------------ Advocate for : MRS. K DEVI Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM THE 8 ORS BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 11.03.2026 (K.R. Surana, J) Heard Ms. K. Devi, learned counsel for the applicant. Also heard Mr. B.C. Muchahari, learned Standing Counsel for the BTC; Mr. S.K. Talukdar, learned Standing Counsel for the Elementary Education Department representing respondent no.1; Mr. D. Gogoi, learned Standing Counsel for the Finance Department representing respondent no.2 and Mr. R. Dhar, learned Standing Counsel for the WPT and BC Department representing respondent no.3. 2. By filing this interlocutory application under Section 5 of the Limitation Act of 1963, the applicant has prayed for condonation of a delay of 65 days beyond the period of limitation in filing the connected appeal. 3. The delay is explained by stating that the learned counsel for the applicant had to leave for her medical check-up and treatment. Upon her return Page No.# 5/5 in the first week of August, 2025, she was informed about the orders passed in the writ petition and accordingly, after obtaining instructions, the connected appeal has been filed. 4. Having heard the learned standing counsel for the appearing departments, the Court is of the considered opinion that the applicant had been able to show good and sufficient cause to explain the delay in filing the connected appeal. Accordingly, the said delay is hereby condoned. 5. The Registry shall register the connected appeal. 6. Accordingly, the present interlocutory application stands allowed and disposed of. JUDGE JUDGE Comparing Assistant