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GAHC010076362026

2026:GAU-AS:6461

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/2105/2026

ASHARIKANDI H.S. SCHOOL

P.O. ASHARIKANDI, DIST. DHUBRI, PIN- 783331, REPRESENTED BY

AJAHAR ALI SHEIKH, SUBJECT TEACHER, SON OF LATE CHAND

MOHAMMAD SHEIKH, VILLAGE- DOLSHINGHER, P.S. GAURIPUR, DIST.

DHUBRI, PIN- 783129.

VERSUS

THE STATE OF ASSAM AND 4 ORS

REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,

EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI-781006.

2:THE DIRECTOR OF SECONDARY EDUCATION

ASSAM

KAHILIPARA

GUWAHATI-781019.

3:THE INSPECTOR OF SCHOOLS

DHUBRI DISTRICT CIRCLE

DHUBRI

PIN- 783331.

4:THE CHAIRMAN

ASSAM STATE SCHOOL EDUCATION BOARD

BAMUNIMAIDAM

GUWAHATI-781021.

5:THE SECRETARY

ASSAM STATE SCHOOL EDUCATION BOARD

DIVISION-II

BAMUNIMAIDAM

GUWAHATI-781021

Advocate for the Petitioner : MR P BHARDWAJ, R C ALOM,M RAHMAN,B PARASHAR

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Advocate for the Respondent : SC, EDU, SC, SSA

BEFORE

HONOURABLE MR. JUSTICE KARDAK ETE

ORDER

Date : 11-05-2026

Heard Mr. R. C. Alom, learned counsel for the petitioner.

The grievance of the petitioner in the present writ petition pertains to the

action of the respondent authorities in debarring the petitioner institution from

admitting students and blocking its access to the Darpan Portal in terms of the

notification dated 01.04.2024.

It is submitted that the petitioner had earlier approached this Court by

filing WP(C) No. 4913/2024, which came to be disposed of by order dated

28.04.2025 directing the Secretary to the Government of Assam, Department of

Secondary Education, the Director of Secondary Education, Assam, as well as

the Secretary of the Assam Higher Secondary Education Council to consider the

case of the petitioner.

Mr. P. P. Dutta, learned Standing Counsel, Secondary Education

Department, by placing the order dated 10.05.2026, passed by the Secretary to

the Government of Assam, Department of School Education, submits that

pursuant to the directions of this Court, the case of the petitioner has been duly

examined and considered. However, the claim of the petitioner has been

rejected on the ground that the relevant Acts and Rules do not empower the

authorities to permit admission of students by the school concerned.

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Having considered the above and in view of the fact that the grievance of

the petitioner has already been considered by the respondent authorities

pursuant to the earlier order passed by this Court, this Court is of the opinion

that the present writ petition has become infructuous. However, liberty is

granted to the petitioner to challenge the order dated 10.05.2026 passed by the

Secretary to the Government of Assam, Department of School Education, in an

appropriate proceeding, if so advised.

Accordingly, the present writ petition stands disposed of.

Mr. P. P. Dutta, learned Standing Counsel, Secondary Education

Department, is directed to furnish a copy of the order dated 10.05.2026, passed

by the Secretary to the Government of Assam, Department of School Education,

to the learned counsel for the petitioner.

A copy of the order dated 10.05.2026, passed by the Secretary to the

Government of Assam, Department of School Education, is kept on record and

marked as document “X”.

JUDGE

Comparing Assistant