Allowed¶34

Saiful Islam Fauki and Anr. v. Anuwar Hussain Md. Wahid and 6 Ors.

Gauhati HC7 Dec 2025I.A.(Civil)/2120/2019

Case brief

AI extract

What is this about?

Gauhati High Court order dated 08.12.2025 by Justice Kardak Ete on I.A.(Civil)/2120/2019 (neutral citation 2025:GAU-AS:16887): striking off/deletion of resigned respondents (In-Charge Principal and Vice Principal, Laharighat Degree/Junior College, Morigaon, Assam) from the array of parties in connected WP(C) No. 4566/2018; test of necessity of parties after resignation; disposal in the absence of the writ petitioner despite notice. No statutes or precedents cited; no quantum involved.

What did the court decide?

Striking off of the names of the applicants (Saiful Islam Fauki and Md. Amrul Hussain) from the array of respondents as respondent Nos. 7 & 8 in WP(C) No. 4566/2018; the interlocutory application was allowed and disposed of. ¶34

Saiful Islam Fauki and Anr. Vs Anuwar Hussain Md. Wahid and 6 Ors. — Gauhati HC (2025) — LawSathi Research

Page No.# 1/4

GAHC010145352019

2025:GAU-AS:16887

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

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Case No. : I.A.(Civil)/2120/2019

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SAIFUL ISLAM FAUKI AND ANR

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LECTURER, EDUCATION DEPTT., LAHARIGHAT JUNIOR COLLEGE, VILL. RAJAGADUWA, P.O. LAHARIGHAT, DIST. MORIGAON, ASSAM, AND HOLDING THE POST OF PRINCIPAL I/C LAHARIGHAT COLLEGE (DEGREE), VILL. RAJAGADUWA, P.O. LAHARIGHAT, DIST. MORIGAON, ASSAM.

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2: MD. AMRUL HUSSAIN LECTURER ECONOMICS DEPTT. LAHARIGHAT JUNIOR COLLEGE VILL. RAJAGADUWA P.O. LAHARIGHAT DIST. MORIGAON ASSAM HOLDING THE POST OF PRINCIPAL LAHARIGHAT COLLEGE (DEGREE) VILL. RAJAGADUWA P.O. LAHARIGHAT DIST. MORIGAON ASSAM

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VERSUS

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ANUWAR HUSSAIN MD. WAHID AND 6 ORS S/O MD. ABU NASAR WAHID, R/O VILL. BORBARI, P.O. LAHARIGHAT, DIST. MORIGAON, ASSAM.

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2:THE STATE OF ASSAM THROUGH THE SECY. TO THE GOVT. OF ASSAM EDUCATION (HIGHER) DEPTT. DISPUR GUWAHATI 781006

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Page No.# 2/4

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3:THE DIRECTOR OF HIGHER EDUCATION ASSAM KAHILIPARA GUWAHATI 781019

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4:THE INSPECTOR OF SCHOOLS MORIGAON DIST. CIRCLE MORIGAON P.O. MORIGAON DIST. MORIGAON ASSAM.

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5:THE GOVERNING BODY OF LAHARIGHAT COLLEGE (DEGREE) REPRESENTED B ITS PRESIDENT LAHARIGHAT COLLEGE VILL. BORBARI P.O. LAHARIGHAT DIST. MORIGAON ASSAM.

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6:THE GOVERNING BODY OF LAHARIGHAT JUNIOR COLLEGE

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REPRESENTED BY ITS PRESIDENT LAHARIGHAT COLLEGE VILL. RAJAGADUWA

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7:THE PRINCIPAL LAHARIGHAT JUNIOR COLLEGE VILL. RAJAGADUWA P.O. LAHARIGHAT DIST. MORIGAON ASSAM

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Advocate for the Petitioner : MS. M SARMAH, MS. K BORUAH

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Advocate for the Respondent : MR. R MAZUMDAR, MS D BORGOHAIN,MR. P GOHAIN

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Page No.# 3/4

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BEFORE HONOURABLE MR. JUSTICE KARDAK ETE

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ORDER

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Date : 08.12.2025

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Heard Ms. K. Boruah, learned counsel for the applicants. Also heard Mr. D. Upamanyu, learned Standing Counsel, Higher Education Department, and Mr. P. Gohain, learned counsel for the respondent No. 4.

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This is an application praying for striking off the names of applicants from the array of parties in the connected writ petition, being WP(C) No. 4566/2018.

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The opposite party No. 1/writ petitioner has filed the WP(C) No. 4566/2018 praying for removal of the applicants from the post of In-Charge Principal and Vice Principal of Laharighat Degree College, who have been arrayed as respondent Nos. 6 & 7 in WP(C) No. 4566/2018.

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It is submitted that during the pendency of WP(C) No. 4566/2018, the applicants have resigned from their respective posts in Laharighat Degree College. Consequently, no grievance survives against the applicants and therefore, they seeks deletion of their names from the array respondents.

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None appears for the opposite party/writ petitioner despite service of notice.

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This Court, having noticed that on the last 2 (two) occasions the opposite party No. 1/writ petitioner remain unrepresented, had observed that in the event of no representation on behalf of the writ petitioner, necessary orders would be passed.

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Page No.# 4/4

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Having considered the fact that the applicants, who have been arrayed as respondent Nos. 7 & 8 in the connected WP(C) No. 4566/2018, have resigned from their respective posts as In-Charge Principal and Vice Principal of Laharighat Degree College during the pendency of the writ petition, no grievance would lie against the applicants any longer. Thus, I am of the considered view that the applicants are no longer necessary parties in the connected WP(C) No. 4566/2018.

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Accordingly, the names of the applicants as respondent Nos. 7 & 8 in WP(C) No. 4566/2018 stand struck off from the array of respondents.

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Interlocutory application stands allowed and disposed of.

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JUDGE

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Comparing Assistant

Saiful Islam Fauki and Anr. v. Anuwar Hussain Md. Wahid and 6 Ors.

Case brief

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Saiful Islam Fauki and Anr. v. Anuwar Hussain Md. Wahid and 6 Ors.

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