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2026 DAILYLAW 7381 (GAU)

SHIBAYAN KAR v. THE STATE OF ASSAM

I.A.(Civil)/1334/2026 · 2026-06-04

Robin Phukan

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/3 GAHC010081472026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1334/2026 SHIBAYAN KAR S/O SUBRATA KUMAR KAR R/O RAMAKRISHNA MISSION ROAD, HOUSE NO. 21 P.O. P.S. SRIBHUMI DIST SRIBHUMI, ASSAM PIN-788710 VERSUS THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HIGHER EDUCATION TECHNICAL DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE DIRECTOR OF TECHNICAL EDUCATION ASSAM KAHILIPARA GUWAHATI - 19. 3:THE PRINCIPAL KARIMGANJ POLYTECHNIC MAIZGRAM DIST SRIBHUMI ASSAM PIN -788712 4:THE SPIO AND TPO (I C) DIRECTORATE OF TECHNICAL EDUCATION ASSAM KAHILIPARA GUWAHATI - 1 Advocate for the Petitioner : MR. D BARUAH, MR. P K BORDOLOI,MS. P HANDIQUE Advocate for the Respondent : SC, HIGHER EDU, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 05.06.2026 Heard Mr. D. Baruah, learned counsel for the applicant. Also heard Mr. S. Das, learned standing counsel, Higher Education Department, for the opposite party Nos. 1 and 2. 2. This application, under Section 5 of the Limitation Act, 1963, is preferred by the applicant for condoning the delay of 140 days in preferring the connected review petition for reviewing the order dated 11.09.2025, passed by this Court, in WP(C) No. 2651/2025. 3. Mr. Baruah, learned counsel for the applicant submits that liberty to approach this Court by filing review petition was granted on 23.02.2026, in WP(C) No. 980/2026, and that the delay occurred, if any, has to be counted from the order dated 11.09.2025, and at that time, the petitioner was not aware of the fact that one post of Lecturer (Technical) in Civil Engineering Department of Government Polytechnics of Assam was lying vacant. Mr. Baruah also submits that the delay is not intentional, rather it is circumstantial, and therefore, he has contended to condone the same. 4. Mr. Das, learned standing counsel, Higher Education Department, for the opposite party Nos. 1 and 2 submits that he has no objection in the event of allowing this application. 5. Accordingly, taking note of the submissions of learned counsel for both the parties, and also having found the explanation, so put forwarded in paragraph No. 8 of the application, satisfactory, this Court is inclined to allow this Page No.# 3/3 application by condoning the delay of 140 days in preferring the connected review petition. 6. In terms of above, this I.A. stands disposed of. 7. In view of the order passed in this application, now the Registry shall list the connected Review.Pet./51/2026, on 09.06.2026. JUDGE Comparing Assistant