GAHC010266292025

2026:GAU-AS:6692-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WA/412/2025 SURABHI DEY AND 14 ORS D/O- DURJOY DEY, VILL. KALDOBA PT1, P.O AGOMANI, P.S AGOMANI, DIST. DHUBRI ASSAM, PIN783335

2: DIKHITA HAZARIKA D/O- PRASANTA HAZARIKA VILL-MUDOI GAON P.OP.S- SOOTEA DIST-

BISWANATH ASSAM PIN-784175

3: SEEMA NATH D/O-NRIPEN NATH VILL MADULIJHAR P.O-CHAKCHAKA BAZAR P.S-SORBHOG DIST-BARPETA ASSAM PIN-781317

4: TAHIR AHMED S/O- SULEMAN UDDIN VILL BASATTIHAL P.S RATABARI P.O ANIPUR DIST-SRIBHUMI. PIN- 788734

5: SOLMAN ALOM S/O-ABDUL SALAM VILL ANDPO-LAMAJUAR PS-BADARPUR DIST SRIBHUMIKARIMGANJ PIN-788701.

6: ANUPAM DAS YEARS S/O NOKA DAS VILL. BIDYARDABRI PT-I P.O- BIDYARDABRI P.S- GOLAKGANJ DIST. DHUBRI PIN-783335.

7: BEGUM JOBEDA KHATUN D/O- LT ABDUR RASID VILL-HATIPOTA PT-2 P.OP.S-BILASIPARA DIST- DHUBRI PIN 783348.

8: KALIMULLAH S/O FAKOR UDDIN VILL-SALEHPUR P.O. BARAIGRAM P.S PATHARKANDI DIST SRIBHUMIKARIMGANJ. PIN-788723

9: MAYURI SARKAR D/O AJIT KUMAR SARKAR VILL BISHKHOWA P.O-BISHKHOWA P.S GOLAKGANJ DIST DHUBRI ASSAM PIN 783334.

10: ARJIFA PARBIN D/O ASHAN ALI AHMED VILL KHORAGHAT P/O BARKANDA P/S BAGRIBARI DIST KOKRAJHAR PIN 783348.

11: SHAHANA BEGUM D/O KAMAL UDDIN AHMED VILL BAZARGHAT P.O. BAZARGHAT P.S. RATABARI DIST-SRIBHUMI. PIN-788733.

12: TAHIR AHMED S/O-ABDUL MATIN VILL- HULASHNAGAR P.O-ANIPUR P.S- RATABARI DIST SRIBHUMI KARIMGANJ. PIN 788734.

13: TUKLU DAS S/O BABUL DAS VILL- MANASANGAN P.O- RAKESH NAGAR P.S- KARIMGNAJ DISTRICT- SRIBHUMI KARIMGNAJ PIN 788701

14: SABINA YASMIN CHOUDHURY D/O- ISLAM UDDIN CHOUDHURY VILL BHAIRABNAGAR P.O. KRISHNAPUR P.S SILCHAR DIST -CACHAR PIN 788025.

15: HUSSAIN AHMED S/O ALAUDDIN VILL- WEST SARKARIBARI P.OP.S- RATABARI DISTRICT- SRIBHUMI PIN 788735 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION, SECONDARY DEPARTMENT, GUWAHATI781006.

2:THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GUWAHATI-781019.

3:BABA SAHEB AMBEDKAR EDUCATION UNIVERSITY ADDRESS 25/2 AND 25/3 BALLYGUNGE CIRCULAR RD GARCHA BALLYGUNGE KOLKATA WEST BENGAL70001 Advocate for the Petitioner : MR. S HANDIQUE, Advocate for the Respondent : SC, EDU, B E F O R E -

HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY JUDGMENT& ORDER (CAV)

Date : 15-05-2026 ( Arun Dev Choudhury, J )

1. We have heard Mr. M. Karla, learned counsel for the appellants and Mr. N.J. Khataniar, learned standing counsel for the Department of School Education. We have also perused the records and considered the rival submissions advanced at the bar.

2. The present intra-court appeal is directed against the judgment and order dated 13-11-2025, passed by the learned Single Judge in WPC No.6409 of 2025, whereby the writ petition preferred by the present appellants came to be dismissed.

3. The learned Single Judge declined to interfere, principally on grounds of delay and laches, and also held that no legal rights had been established warranting the exercise of jurisdiction under Article 226 of the Constitution of India.

4. The 15 appellants before us are aspirants for appointment to the posts of graduate and post-graduate teachers in Government and Provincialised Secondary Schools in the State of Assam.

5. The recruitment process commenced with an online advertisement issued by the Director of Secondary Education, Assam, on 26-12-2023, inviting applications for the notified vacancies.

6. The appellants responded to the advertisement, submitted their applications and participated in the Teacher's Eligibility Test (TET) cum recruitment examination.

7. Their grievance arises from the fact that they were not considered for selection and appointment because they had not furnished their B.Ed degree certificates, which were one of the essential eligibility qualifications under the recruitment notice.

8. According to the appellants, they had successfully pursued the B.Ed course from Babasaheb Ambedkar Education University,