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2026 Supreme(Online)(Gau) 12855

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Nelson Sailo, J
SIBESWAR DEKA AND 4 ORS. – Appellant
Versus
THE STATE OF ASSAM AND 4 ORS. – Respondent
WP(C)/2335/2026



Advocates:
For the Appellants/Petitioners: S Borthakur, P Khataniar, D C Nath
For the Respondents: SC, SEC. EDU.

The court issued a notice of motion to the respondents to examine the legality of a Speaking Order that rejected the petitioners' representation.

Headnote:The petitioners approached the court challenging a Speaking Order dated 18.11.2025, which rejected their representation. This follows a previous writ petition, WP(C) No. 2083 of 2022, where the court had directed the respondent authorities to dispose of the petitioners' representation via a Speaking Order. The primary issue is whether the Speaking Order rejecting the petitioners' prayer is legally sustainable. The court, upon hearing the preliminary submissions, determined that the matter requires notice to be issued to the respondents to determine the merits of the challenge. Notice of motion issued, returnable by four (4) weeks.

ORDER

Heard Mr. S. Borthakur, learned Senior Counsel assisted by Mr. D. C. Nath, learned counsel for the petitioners, who submits that this is the second time the petitioners are before this Court. The first writ petition being WP(C) No. 2083 of 2022 was disposed of vide Order dated 12.04.2023 by directing the respondent authorities concerned to consider and dispose of the representation of the petitioners by way of a Speaking Order. Consequently, the Speaking Order came to be passed on 18.11.2025 but however, the prayer of the petitioners has been rejected on the ground stated therein. Aggrieved the petitioners are again before this Court.

In view of above, issue notice of motion, returnable by four (4) weeks.

Mr. U. Sarma, learned Standing Counsel, Secondary Education Department, accepts notice on behalf of the respondent Nos. 1, 2 & 5 and Mr. D. K. Roy, learned Standing Counsel, ASSEB, accepts notice on behalf of the respondent No. 4.

Petitioners to take steps for service of notice upon the respondent No. 3 by speed post within a period of three (3) working days.

Registry to reflect the name of the learned Standing Counsel, ASSEB in the cause-list thereafter.

List the matter again on 12.06.2026.

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