GAHC010146172024 2025:GAU-AS:17410

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/3722/2024

SAYRA BEGUM MOJUMDER AND 5 ORS

D/O- WATIR ALI MAJUMDER, R/O- VILL.- SIPORSANGON PART-III, P.O.

SIPORSANGON, DIST. HAILAKANDI, ASSAM

2: JOYONTI SINGHA D/O- KANO SINGHA

R/O- VILL.- POLARPAR

P.O. POLARPAR

DIST. HAILAKANDI

ASSAM

3: ALTAF HUSSAIN CHOUDHURY

S/O- LATE SIFAT ALI CHOUDHURY

R/O- VILL.- NARAYANPUR

PART-II

P.O. CHANPUR (WEST)

DIST. HAILAKANDI

ASSAM

4: ISLAM UDDIN CHOUDHURY

S/O- LATE SIRAJ UDDIN CHOUDHURY

R/O- VILL.- UJANKOPA PART-I

P.O. UJANKOPA PART-I

DIST. HAILAKANDI

ASSAM

5: AKHTAR UDDIN BARBHUIYA

S/O- LATE MAFUR ALI BARBHUIYA

R/O- VILL.- BARNAGAD

P.O. KALIBARI BAZAR

DIST.- HAILAKANDI

ASSAM

6: MIRAJ UDDIN LASKAR

S/O- LATE NAZIR UDDIN LASKAR R/O- KALINAGAR PART-I P.O. KALINAGAR DIST. HAILAKANDI ASSA VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, SCHOOL EDUCATION DEPARTMENT, DISPUR, GUWAHATI-781006.

2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM DISPUR GUWAHATI-781019.

3:THE DISTRICT ELEMENTARY EDUCATION OFFICER HAILAKANDI P.O. HAILAKANDI PIN- 788151 ASSA Advocate for the Petitioner : MR P C DEY, MR BASAB DEY Advocate for the Respondent : SC, ELEM. EDU, MR. A PHUKAN BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

12/12/2025 Heard Mr. P C Dey, learned counsel for the petitioners and Mr. A Phukan, learned Standing counsel, Elementary Education Department for the respondents.

2. The petitioners in the present proceedings have presented a challenge to a speaking order dated 22.09.2023 passed by the Secretary to the Government of Assam, Department of School Education, rejecting the claim of the petitioners for being appointed in pursuance to the selection as held for recruitment to the posts of teachers in L.P./M.E./M.E.M. schools in the district of Hailakandi. The present writ petition has a chequered history and with regard to the issue involved a number of writ petitions have since been filed and disposed of before institution of the present writ petition.

3. The facts requisite for adjudication of the issues arising in the present writ petition is noticed as under:

The petitioners in the present writ petition had submitted their respective candidatures in pursuance to an advertisement issued on 28.12.1996 for recruitment against the vacant posts of teachers in L.P./M.E./M.E.M./M.V. Schools, situated in Hailakandi District. Although, the petitioners contended that the selection process was carried out and a select list was prepared, the said select list was not published. It was further projected that in terms of the said advertisement, while recruitment was effected in various districts of the State, no recruitment was made from the selection process as carried out in pursuance to the said advertisement in Hailakandi District. The petitioners, herein, who project that they were selected for such appointment on being denied their due appointment, were all along agitating the matter before the respondent authorities. The respondent authorities had subsequently issued an advertisement dated 19.01.2011 to fill up vacant posts of teachers in Primary and Upper Primary School by including, therein, the vacant posts, included in the advertisement dated 28.12.1996 for which the petitioners being aggrieved instituted WP(C) No. 944/2011. However, the said writ petition was not considered on merits, inasmuch as, the same was withdrawn by the petitioners, on the respondent authorities withdrawing the advertisement dated 19.01.2011 vide issuance of a Notification dated 10.03.2011. The petitioners, thereafter, continued to ventilate their grievances before the respondent authorities and had demanded that the selection process as initiated in pursuance to the advertisement dated 19.01.2011 be taken to its logical conclusion.

The petitioners have also approached this Court again by way of instituting a writ petition, being WP(C) No. 5794/2006. The said writ petition was disposed of by