GAHC010161942021

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/5870/2021

NIRU SAIKIA PAMAGAM

W/O- RAGHUNATH PAMAGAM, R/O- CHETIA GAON, WARD NO.4, P.O.

NORTH LAKHIMPUR, DIST.- LAKHIMPUR, ASSAM

VERSUS

THE STATE OF ASSAM AND 6 ORS

REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION

DEPTT., DISPUR, GHY-06

2:THE ACCOUNTANT GENERAL

ASSAM

GUWAHATI BELTOLA-08

3:THE DIRECTOR OF ELEMENTARY EDUCATION

ASSAM

KAHILIPARA

GHY-19

4:THE DISTRICT ELEMENTARY EDUCATION OFFICER

LAKHIMPUR

DIST.- LAKHIMPUR

ASSAM

5:THE DY. INSPECTOR OF SCHOOLS

ASSAM

6:THE TREASURY OFFICER

ASSAM

7:THE HEAD MISTRESS CHETIA GAON L.P. SCHOOL DIST.- LAKHIMPUR ASSA Advocate for the Petitioner : MR. A J DAS, MR G RENGMA,MR P DEKA Advocate for the Respondent : SC, ELEM. EDU, MR. S K MEDHI (R-2),SC, FINANCE,SC, AG BEFORE JOINT REGISTRAR (JUDL.) MR. CHINMOY BARUAH

ORDER

Date : 07.01.2026 Case taken up before the Lawazima Court.

None appears on behalf of the petitioner.

Learned counsel Ms. M. Das appears on behalf of the learned Standing Counsel, AG, representing the respondent No. 2. Heard.

Perused the records.

The instant matter has been carefully perused and upon such perusal, it has been observed that the previous Lawazima Court vide its order dated 04.12.2025 had observed that, a Vakalatnama and an affidavit were received on behalf of the respondent No. 7 by the Registry. However, the said Lawazima Court had observed that the said Vakalatnama and affidavit does not bear the filing seal/ stamp and its filing is also not reflected in the online records.

In view of the observations made above, the previous Lawazima Court dated

04.12.2025 had directed the A.O.(J), Civil Rule (Pending) to inquire into the matter in consultation with the Filing Section of the Registry and submit a report before the next Lawazima Court.

Now, in compliance with the order stated above, the concerned section has put up an office note dated 07.01.2026, wherein, it has been stated that, an enquiry was conducted in consultation with the Filing section. The report of the said enquiry has been annexed with the case record at Flag-‘R’.

From the said report, it may be discerned that the Affidavit and Vakalatnama in question were received by the Despatch section via post and the same were received on 29.12.2021. These documents were never formally filed in the Filing section and consequently, do not bear its official seal.

The said report further emphasizes that, vide the Notification No. 89 dated

20.07.2023 at Flag-‘Y’, all affidavits are required to be filed in the Filing Section of this Registry in conformity of the Gauhati High Court Rules and affidavits sent by post shall not be accepted.

Now, in light of the said notification, the affidavit received on behalf of the respondent No. 7 cannot be accepted.

As far as the Vakalatnama in question is concerned, it may be stated that the name of the learned advocate is not legible from the said Vakalatnama. Beside the above, it may be noted that no one from the respondent No. 7 side has entered appearance before the earlier Lawazima Court dated 04.12.2025 and the Lawazima Court today as well.

In view of the observations made above, this Lawazima Court is of the view that fresh steps shall be taken upon the respondent No. 7. As such, the petitioner is directed to take fresh steps for service of notice upon the respondent No. 7 by way of speed post mode, in terms of the Notification No. 85 dated 15^th October, 2025 (at Flag-‘N’). Let the matter be listed again before the Lawazima Court in the on 11.02.2026.

Joint Registrar (Judicial)

Comparing Assistant Order downloaded on 12-01-2026 08:07:10 PM