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GAHC010266062024

2026:GAU-AS:1144

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/6771/2024

JANI GOGOI

W/O SRI BRITISH PHUKAN,

RESIDENT OF VILLAGE MAKUM, PO AND PS MAKUM, DIST. TINSUKIA,

ASSAM 786170

VERSUS

THE STATE OF ASSAM AND 6 ORS.

REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM,

DEPARTMENT OF SCHOOL EDUCATION, DISPUR GUWAHATI 781006

2:THE DIRECTOR OF ELEMENTARY EDUCATION

ASSAM KAHILIPARA GUWAHATI 781019

3:THE DIRECTOR OF STATE COUNCIL OF EDUCATIONAL RESEARCH AND

TRAINING (SCERT)

ASSAM

KAHILIPARA GUWAHATI 19

4:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO)

TINSUKIA

ASSAM 786125

5:THE BLOCK ELEMENTARY EDUCATION OFFICER (BEEO)

HAPJAN

TINSUKIA

ASSAM 786170

6:THE PRINCIPAL OF BASIC TRAINING CENTRE (BTC)

SONARI DIST. CHARAIDEO

ASSAM 785690

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7:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM

FINANCE DEPARTMENT

DISPUR GUWAHATI 78100

Advocate for the Petitioner : MR N SARMA,

Advocate for the Respondent : SC, ELEM. EDU, SC, SCERT, ASSAM,SC, FINANCE

BEFORE

HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 29-01-2026

Heard Mr. N. Sarma, learned counsel for the petitioner. Also heard Mr. B. Talukdar,

learned standing counsel, Elementary Education, Assam appearing for the respondent

Nos. 1, 2, 4, 5 & 6, Mr. S. Bora, learned counsel representing respondent No. 3 and Mr. B.

Gogoi, learned standing counsel, Finance Department, Assam appearing on behalf of

respondent No. 7.

2. As consented to by the learned counsel for the parties, the present writ petition is

being taken up for disposal at the stage of admission hearing.

3. The petitioner in the present proceeding has presented a challenge to an order

dated 12-02-2024 issued by the Secretary to the Govt. of Assam, Department of School

Education by which holding the Junior Basic Training Certificate furnished by the

petitioner to be not genuine, direction was issued to the Director of Elementary

Education, Assam to terminate the services of the petitioner, herein. The petitioner has

also challenged the order dated 10-06-2024 issued by the Director, Elementary Education,

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Assam terminating the services of the petitioner, herein.

The petitioner, herein, was appointed as an Assistant Teacher in the Bandarkhati LP

School in Tinsukia district vide an order dated 30-06-1995. The petitioner was thereafter

vide an order dated 22-04-2023 deputed for undergoing Junior Basic Training. The

petitioner was so deputed to undergo the said training at the Basic Training Centre (BTC),

Sonari. The petitioner in the writ petition has projected that she had undergone the said

training and completed the same in the month of December, 2003 and the Principal, BTC,

Sonari had vide order dated 31-12-2003 released the petitioner from the Training Centre

to facilitate her joining in her school. The petitioner further projects that the Principal of

the Training Centre vide certificate dated 10-04-2004 had certified that the petitioner was

a regular trainee at BTC, Sonari and had cleared the 08 months primary teachers training

course final examination held in the month of December, 2003 with Grade-B, the results

of which were declared on 05-03-2004.

The petitioner had participated in a screening process as put in place in respect of

teachers who were not in receipt of salaries regularly. Upon completion of the said

screening process in the list of teachers for Tinsukia district who had received salary and

undergone Junior Basic Teachers Training, the petitioner’s name figured at Sl. No. 23. The

name of the petitioner also figured in another list published in respect of Tinsukia district

of teachers who had not undergone Junior Basic Teachers Training course. However, upon

completion of the said screening process, the Director, Elementary Education, Assam vide

order dated 31-01-2021 accommodated the petitioner as an Assistant Teachers at

Bandarkhati LP School and had authorized to her a scale of pay w.e.f. 01-01-2020.

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The school where