Jiban Ch. Choudhury and 5 Ors. Vs the State of Assam and 4 Ors.

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GAHC010083352024

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

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Case No. : WP(C)/2271/2024

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JIBAN CH. CHOUDHURY AND 5 ORS. S/O- LATE BALARAM CHOUDHURY, R/O- VILL.- AHIYABARI, P.O. LATIBARI, DIST. TAMULPUR, BTR, ASSAM

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2: DHIREN CH. CHOUDHURY S/O- LATE MADAN CHOUDHURY R/O- VILL.- JOKMARI P.O. NIJ DEFELI DIST. TAMULPUR BTR ASSAM

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3: SUKRASING RABHA S/O- LATE LARPA RABHA R/O- VILL.- RAMPUR P.O. RAMPUR DIST. BAKSA BTR ASSAM

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4: BHAGIRATH BASUMATARY S/O- LATE NANDARAM BASUMATARY VILL.- ULUBARI P.O. KAREMURA DIST. BTR ASSAM

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5: PRAMILA BASUMATARY W/O- SRI BATIRAM DAIMARY R/O- VILL. AND P.O. SUBANKHATA DIST. BAKSA BTR ASSAM

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6: DULUMANI HALOI D/O- LATE JOGEN HALOI W/O- SRI JYOTISH CH. HALOI R/O- MURMELA P.O. MURMELA DIST. BAKSA PIN- 781346

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VERSUS

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THE STATE OF ASSAM AND 4 ORS

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REPRESENTED BY SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION (SECONDARY), DISPUR, GUWAHATI-781006.

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2:THE SECRETARY EDUCATION DEPARTMENT BODOLAND TERRITORIAL COUNCIL KOKRAJHAR.

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3:THE DIRECTOR OF EDUCATION BODOLAND TERRITORIAL COUNCIL KOKRAJHAR.

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4:THE INSPECTOR OF SCHOOLS BODOLAND DISTRICT CIRCLE MUSHALPUR.

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5:THE DEPARTMENTAL PROMOTION COMMITTEE

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FOR PROMOTION TO THE POST OF HEADMASTER/ HEADMISTRESS IN PROVINCIALISED HIGH SCHOOL UNDER BTC AREA REPRESENTED BY THE CHAIRMAN I.E. SECRETARY EDUCATION DEPARTMENT BTC KOOKRAJHAR.

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6:HADAYAT ULLAH

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PRESENTLY POSTED AT GORESWAR HIGH SCHOOL

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7:SRI. JOGEN CH. RAJBONGSHI

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PRESENTLY POSTED AT BORKHOPA HIGH SCHOOL

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8:SRI. BUDDHA BAHADUR CHETRY

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PRESENTLY POSTED AT KUMARIKATA GIRLS' HIGH SCHOOL

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9:SRI. BISWAJIT DAS

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PRESENTLY POSTED AT PUB-KHARIJA BIJNI HIGH SCHOOL

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10:SRI. BIPUL CH KALITA

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PRESENTLY POSTED AT MADHYA BIJNI HIGH SCHOOL

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11:SRI. MANESWAR BARO

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PRESENTLY POSTED AT JAY BHADRA HAGJER B.M SCHOOL

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12:SRI. HARESWAR BARMAN

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PRESENTLY POSTED AT TAMULPUR GIRLS' SCHOOL

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13:DWIPEN BARO

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PRESENTLY POSTED AT CHAPAGURI HIGH SCHOOL

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14:NARESWAR DAS

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PRESENTLY POSTED AT SANTI MANDIR HIGH SCHOOL

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15:GIRISH CH. DAS

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PRESENTLY POSTED AT ARKARA HIGH SCHOOL

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16:SM ABDUL KARIM

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PRESENTLY POSTED AT GURMOW HIGH SCHOOL

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17:JIT BAHADUR PRADHAN

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PRESENTLY POSTED AT BHOLAJHAR BANGALIPARA HIGH SCHOOL

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18:MD. TAZUDDIN AHMED

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PRESENTLY POSTED AT KAURBAHA NABAMILAN HIGH SCHOOL

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19:DEBABRATA CH. DAS

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PRESENTLY POSTED AT MAIRAZHAR BRAHMAMAYEE HIGH SCHOOL

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20:SUBENJIT RAMCHIARI

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PRESENTLY POSTED AT KADAMTALA HIGH SCHOOL

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21:DILIP KALITA

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PRESENTLY POSTED AT KADAMTALA HIGH SCHOOL

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22:JATIN CH. BARMAN

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PRESENTLY POSTED AT DIGHELI HIGH SCHOOL

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23:ACHYUT DAS

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PRESENTLY POSTED AT THAMNA BINAPANI HIGH SCHOOL

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24:RANJIT BAISHYA

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PRESENTLY POSTED AT KHARUA MILAN HIGH SCHOOL

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25:MD. GULAM MUSTAFA

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PRESENTLY POSTED AT KABILPUR PALLARPAR HIGH SCHOOL

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26:MANOJ KR BARO

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PRESENTLY POSTED AT MADHYA HOWLY BM HIGH SCHOOL

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27:PRABIN BARO

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PRESENTLY POSTED AT BAPUJI HIGH SCHOOL BARIMAKHA

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28:NRIPEN PATHAK

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PRESENTLY POSTED AT SRI SRI LAKSHMI HIGH SCHOOL

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29:MATINDAR MAHON DAS

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PRESENTLY POSTED AT GANDHI HIGH SCHOOL

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30:DINESH CH. NATH

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PRESENTLY POSTED AT SANTIPUR MILAN HIGH SCHOOL

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31:LANKESWAR TALUKDAR

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PRESENTLY POSTED AT AHOPA HIGH SCHOOL

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32:KULEN CH. NATH

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PRESENTLY POSTED AT BARTARI HIGH SCHOOL

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33:SUNIL BARO

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PRESENTLY POSTED AT SUAGPUR HIGH SCHOOL

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34:MARMESWAR BASUMATARY

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PRESENTLY POSTED AT GOLAGAON HIMACHAL HIGH SCHOOL

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35:PHULEN CH. DAS

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PRESENTLY POSTED AT SRI SANKARDEV HIGH SCHOOL

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36:HAREKRISHNA PATHAK

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PRESENTLY POSTED AT NAMATI ANCHALIK HIGH SCHOOL

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37:SANJAY KALITA

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PRESENTLY POSTED AT BETNAKAURBAHA MILAN HIGH SCHOOL

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38:LAMBIR NARZARY

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PRESENTLY POSTED AT PASCHIM BAKAS HIGH SCHOOL

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39:BHUPENDRA NATH KALITA

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PRESENTLY POSTED AT BHALUKDONGA VIDYAPITH HIGH SCHOOL

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40:ANSULA BARA

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PRESENTLY POSTED AT VIDYAPITH HIGH SCHOOL TUPALIA

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41:SURAT CH. SARMA

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PRESENTLY POSTED AT ULUBARI SANKARDEV HIGH SCHOOL

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42:PRAMILA BASUMATARY

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PRESENTLY POSTED AT ALARI HIGH SCHOOL

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43:KANDARPA HUJURI

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PRESENTLY POSTED AT KHAGRABARI ARUNODOY HIGH SCHOOL

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44:AM POKHREL

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PRESENTLY POSTED AT INDRALAL PATHAK GIRLS HIGH SCHOOL

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45:KANDARPA KR. NATH

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PRESENTLY POSTED AT SALBARI GIRLS HIGH SCHOOL

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46:PRADIP NATH

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PRESENTLY POSTED AT BHARKARJYOTI GIRLS HIGH SCHOOL

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47:MANNA SINGHBRAHMA

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PRESENTLY POSTED AT NIKASI HIGH SCHOOL

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48:PURNIMA MAHILARY

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PRESENTLY POSTED AT SALBARI GIRLS HIGH SCHOOL

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49:BHABANI PATOWARY

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PRESENTLY POSTED AT CHAPRA NAKUCHI MILAN HIGH SCHOOL

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50:ARABINDRA DEKA

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PRESENTLY POSTED AT PUB KAURBAHA HIGH SCHOOL

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51:CHABIN GAYARI

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PRESENTLY POSTED AT SILBARI HIGH SCHOOL

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52:CHIJEN GAYARI

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PRESENTLY POSTED AT HIMGIRI BM HIGH SCHOOL

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53:SANJAY KR. MEDHI

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PRESENTLY POSTED AT NICHALAMARI MILAN HIGH SCHOOL YOGI

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54:SYED ATAUR RAHMAN

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PRESENTLY POSTED AT SATYANANDA GIRLS' HIGH SCHOOL

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55:KARIM ALI

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PRESENTLY POSTED AT LAKSHMIPUR HIGH SCHOOL

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56:APURBA SARMA

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PRESENTLY POSTED AT GIRISH VIDYAPITH HIGH SCHOOL

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57:DURGA PRASAD UPADHYAY PRESENTLY POSTED AT SRI PANCHAMI HIMALEE HIGH SCHOOL

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58:ABDUL GOFUR KHAN

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PRESENTLY POSTED AT KAURPARA HIGH SCHOOL

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59:MOZAMMIL HOQUE

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PRESENTLY POSTED AT KOKLABARI GIRLS' HIGH SCHOOL

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60:LAKSHMINANDAN RAJBONGSHI PRESENTLY POSTED AT TAMULPUR GIRLS' HIGH SCHOOL

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61:RABEN RABHA

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PRESENTLY POSTED AT KHATARBARI HIGH SCHOOL

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62:GOPI BARO

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PRESENTLY POSTED AT BAPUJI VIDYAPITH HIGH SCHOOL

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63:NARNARAYAN NATH PRESENTLY POSTED AT KATAJHAR BAZAR HIGH SCHOOL

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64:MILAN KALITA

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PRESENTLY POSTED AT SUKLA HIGH SCHOOL

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65:BANAMALI KAKATI

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PRESENTLY POSTED AT BAGANPARA HIGH SCHOOL

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66:RITA MISHRA

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PRESENTLY POSTED AT GARAMDEW HIGH SCHOOL

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67:PRATAP CH. DAS

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PRESENTLY POSTED AT DHALKUCHI HIGH SCHOOL

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68:BINALI NARZARY

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PRESENTLY POSTED AT J.N.D MILAN HIGH SCHOOL

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69:SAHJAHAN KHAN

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PRESENTLY POSTED AT KATAJHAR BAZAR HIGH SCHOOL

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70:JWRGSAR KHUNGUR MACHAHARI PRESENTLY POSTED AT BAGAN PARA HIGH SCHOOL

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71:BANESWAR NARZARY

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PRESENTLY POSTED AT CHECHAPANI HIGH SCHOOL

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72:RANJIT KR. MITRA PRESENTLY POSTED AT BETNA HIGH SCHOOL

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73:GAUTAM RAJBONGSHI PRESENTLY POSTED AT SABHARAM DAS HIGH SCHOOL

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74:AMULYA KR. DAS

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PRESENTLY POSTED AT AHOPA HIGH SCHOOL

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75:MAINUL KHANDARKAR

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PRESENTLY POSTED AT LAKSHIMI PATHAR HIGH SCHOOL

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76:BINAY KR. CHOUDHURY

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PRESENTLY POSTED AT BHALUKDONGA VIDYAPITH HIGH SCHOOL

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77:NAYAN MEDHI

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PRESENTLY POSTED AT DIGHELI HIGH SCHOOL

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78:MAKAN BARMAN

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PRESENTLY POSTED AT BATIAMARI HIGH SCHOOL

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79:RAJU BARMAN

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PRESENTLY POSTED AT MILAN HIGH SCHOOL

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80:SIRAJ ALI

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PRESENTLY POSTED AT KANAKLATA HIGH SCHOOL

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81:HARIPRASAD BHTTA RAI

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PRESENTLY POSTED AT DARANGA HIGH SCHOOL

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82:RABIN TAKULDAR

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PRESENTLY POSTED AT GANDHI HIGH SCHOOL

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83:GHANASHYAM DAS

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PRESENTLY POSTED AT PUB KHARIJA BIJNI HIGH SCHOOL

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84:MUKUL BORAH

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PRESENTLY POSTED AT JHARGAON HIGH SCHOOL

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85:KAMAKHYA KALITA

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PRESENTLY POSTED AT GARH ALI BHOLANATH HIGH SCHOOL

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86:HARESWAR BASUMATARY

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PRESENTLY POSTED AT BAPUJI VIDYAPITH HIGH SCHOOL

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87:JITEN BISWAS

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PRESENTLY POSTED AT SINGIMARI HIGH SCHOOL

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88:BIPIN RAMCHIYARI

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PRESENTLY POSTED AT NEHRU MILAN HIGH SCHOO

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Advocate for the Petitioner : MR. S HAZARIKA,

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Advocate for the Respondent : SC, SEC. EDU., T CHAKMA(P-12,9,60,24,79,84, 65,71,83,73,20,61,46,37,50,6, 55,44,81,78,8,17,33),P HAZARIKA (P-12,9,60,24,79,84, 65,71,83,73,20,61,46,37, 50,6,33,17,8,78,81, 44,55),R DEB(R-56),MR. P MAZUMDER(R-56),MR. S CHAUHAN (R-56),P HAZARIKA (R-18,23,85),T CHAKMA (R-18,23,85),MR SOHAING(R-74,77, 64),MR. J KALITA (R-74, R77, R64, R82),MR B K DAIMARI (R-11,38,40,42, 47,62,76, 86),N DEB (R45, R49, R53, R80),MS S A KHALIFA (R45, R49, R53, R80),MRS. K DEVI (R45, R49, R53, R80),MR. N K KALITA (R- 16,21,22, 31,39,48,54,63),P HAZARIKA (R-41),R MURMU (R-41),MR. P K DAS(R-35,66),SC, BTC

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BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER

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18.11.2025

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Heard Mr. S. Hazarika, learned counsel for the petitioners; Mr. U. Sarma, learned counsel for the respondent No. 1; Ms. B. Bora, learned counsel for the respondent Nos. 2 – 5; Mr. B.K. Daimari, learned counsel for the respondent Nos. 11, 38, 40, 42, 47, 62 & 76; Mr. N.K. Kalita, learned counsel for the respondent Nos. 16, 21, 22, 31, 39, 48, 54 & 63; and Mr. S. Chouhan, learned counsel for the respondent No. 56.

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2. In this petition, under Article 226 of the Constitution of India, the petitioners have:-

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(i) Challenged the approval letter No. BTC/Edn (HS) – 144/2023-24/17, dated 12.03.2024, issued by the Secretary, BTC, Kokrajhar, whereby 83 numbers of candidates from Baksa district have been approved for promotion to the post of Headmaster/Headmistress, under BTC area;

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(ii) Prayed for setting aside and quashing the minutes of the meeting of

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the Departmental Promotion Committee, held on 04.03.2024, for promotion to the post of Headmaster/Headmistress in provincialized High Schools, under BTC area;

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(iii) Also prayed for issuing direction to the respondent authorities to initiate a fresh process for promotion to the post of Headmaster/Headmistress, considering the Gradation List, notified on 20.07.2023; and

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(iv) Further, prayed for issuing direction to the respondent authorities to issue promotion order in favour of the petitioners, pursuant to the Gradation List, notified on 20.07.2023.

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3. Mr. Hazarika, learned counsel for the petitioners submits that the petitioners herein are aggrieved by the approval letter, dated 12.03.2024, issued by the Secretary, BTC, Kokrajhar, whereby 83 numbers of candidates from Baksa district have been approved for promotion to the post of Headmaster/Headmistress, under BTC area, pursuant to minutes of the meeting of the Departmental Promotion Committee, held on 04.03.2024.

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3.1. Further submission of Mr. Hazarika is that while approving the promotion to the 83 numbers of candidates, the State respondents did not follow the Gradation List, notified on 20.07.2023. Mr. Hazarika also submits that the promotion was approved in violation of the extant provisions of the Assam Secondary Education (Provincialised Schools) Rules, 2018 (2018 Rules hereinafter), more particularly Rule 14(2)(iii) and (iv) of the 2018 Rules and that the decision for promotion was taken without considering the seniority and teaching experience, although the petitioners herein are more eligible than the selected candidates in the impugned order, dated 12.03.2024.

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3.2. It is also the submission of Mr. Hazarika that some similarly situated candidates had preferred one writ petition, being W.P.(C) No. 1735/2024, which was disposed of by a Co-ordinate Bench of this Court, vide order dated 12.06.2025, wherein the respondent authorities were directed to reconsider the case of the petitioners therein, in terms of their seniority and the procedure laid down in the Rule 14 of the 2018 Rules and if they are found to be senior to any persons, who have been selected, such persons have to give way to the petitioners to make their appointments and it has also been clarified that since the select list pertains to entire Baksa district, the displacement has to be done from the bottom of the list of the selected candidates.

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3.3. Mr. Hazarika further submits that since the respondent authorities have already initiated the process of reconsideration, in terms of the order passed by this Court dated 12.06.2025, the present petition may also be disposed of in terms of the direction issued in paragraph No. 15 of W.P.(C) No. 1735/2024.

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4. Per-contra, the learned counsel for the respondents submit that they have no objection in the event of disposing of this petition by granting similar relief so granted to the petitioners in W.P.(C) No. 1735/2024.

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5. Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition as well as the documents placed on record and also perused the letter No. BTC/Edn (HS) – 144/2023-24/17, dated 12.03.2024 and the minutes of the meeting of the Departmental Promotion Committee, held on 04.03.2024 and also the Gradation List, notified on 20.07.2023 and also perused the 2018 Rules.

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6. Since the respondent authorities have already initiated the reconsideration process, including the cases of the petitioners in W.P.(C) No. 1735/2024, in

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terms of their seniority and the procedure laid down in the Rule 14 of the 2018 Rules, this Court is inclined to dispose of this petition by granting similar relief to the present petitioners also, as granted to the petitioners in W.P.(C) No. 1735/2024.

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7. Accordingly and as agreed upon by learned counsel for both the parties, it is provided that the cases of the present petitioners shall be reconsidered in terms of their seniority and the procedure laid down in the Rule 14 of the 2018 Rules and if they are found to be senior to any persons, who have already been selected, such persons have to give way to the petitioners herein to make their appointments and it has also been clarified that since the select list pertains to entire Baksa district, the displacement has to be done from the bottom of the list of the selected candidates.

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JUDGE

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Comparing Assistant

Jiban Ch. Choudhury and 5 Ors. v. the State of Assam and 4 Ors.

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Jiban Ch. Choudhury and 5 Ors. v. the State of Assam and 4 Ors.

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