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2026 Supreme(Online)(Gau) 5738
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Nelson Sailo, J
MANGAL BORO AND 6 ORS – Appellant
Versus
THE STATE OF ASSAM AND 4 ORS – Respondent
WP(C)/465/2026
For the Appellants/Petitioners: H Talukdar, K D Sarma, R Sarma, R I Bhuyan
For the Respondents: GA, Assam, SC, Elem. Edu
The court issued a notice of motion in a writ petition seeking reinstatement after termination, based on the petitioners' claim that their case is covered by a prior judgment of a coordinate bench.
Headnote:The petitioners have filed a writ petition seeking the recall of a termination order dated 21.07.2001 and subsequent reinstatement in their respective posts. It is contended that the petitioners' case is squarely covered by a judgment rendered by a coordinate bench of the court in a similar matter decided on 02.12.2025. The primary issue is whether the petitioners are entitled to the same relief as granted in the cited precedent. The court observed the submission regarding the similarity of the cases and the existence of another related petition. Notice of motion issued, returnable by 4 weeks.
ORDER
Heard Mr. H Talukdar, learned counsel for the petitioners, who submits that by filing this writ petition, the petitioners have sought for re-calling of the termination order dated 21.07.2001 and for their reinstatement in their respective posts since their case is squarely covered by the judgment rendered by a co-ordinate Bench of this Court in WP(C) 5641/2020 (common judgment) on 02.12.2025 (page 99). The learned counsel submits that similar writ petition has been filed by other persons as well, i.e., WP(C) 236/2026.
In view of above, issue notice of motion, returnable by 4 (four) weeks.
Ms. N Phukan, learned Standing Counsel, Elementary Education Department accepts notice on behalf of respondent Nos. 1 to 4 while Ms. K Phukan, learned Government Advocate accepts notice on behalf of respondent No. 5. Notice is therefore complete.
Petitioners to furnish requisite extra copies of the writ petition to the learned counsels for the respondents appearing today within 2 (two) days.
List the matter alongwith WP(C) 236/2026.
