Allowed¶26

Shri S. Abenito Awomi v. State of Nagaland and 7 Ors.

Gauhati HC9 Jun 2026I.A.(Civil)/65/2026

Case brief

AI extract

What is this about?

Condonation of delay; Section 5 Limitation Act 1963; 164 days delay; writ appeal; common Judgment and Order 09.09.2025; W.P.(C) 251/2022; parity with W.A. 30/2025, 33/2025, 34/2025, 35/2025, 36/2025, 37/2025, 38/2025; sufficient cause; Kohima Bench Gauhati High Court; Manish Choudhury J; Pranjal Das J; applicant S. Abenito Awomi; respondents State of Nagaland, Department of School Education officials, District Education Officers Dimapur, Registrar and Controller of Examinations Nagaland University; application allowed.

What did the court decide?

Condonation of the delay of 164 days in filing the accompanying writ appeal against the common Judgment and Order dated 09.09.2025. ¶26

Shri S. Abenito Awomi Vs State of Nagaland and 7 Ors. — Gauhati HC (2026) — LawSathi Research

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Page No.# 1/3

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GAHC020007392025

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

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I.A.(Civil)/65/2026

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SHRI S. ABENITO AWOMI S/O MR. SHRTOVI AWOMI R/O HOUSE NO. 658 MOUNT VIEW COLONY PURANA BAZAR DIMAPUR NAGALAND

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VERSUS

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STATE OF NAGALAND AND 7 ORS REPRESENTED BY THE CHIEF SECRETARY GOVT. OF NAGALAND NAGALAND KOHIMA

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2:THE COMMISSIONER AND SECRETARY GOVT. OF NAGALAND DEPARTMENT OF SCHOOL EDUCATION KOHIMA NAGALAND

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3:THE PRINCIPAL DIRECTOR DIRECTOR OF SCHOOL EDUCATION KOHIMA NAGALAND

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4:THE DIRECTOR DIRECTORATE OF SCHOOL EDUCATION NAGALAND KOHIMA

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5:THE SR. DISTRICT EDUCATION OFFICER

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Page No.# 2/3

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DIMAPUR NAGALAND 6:THE DISTRICT EDUCATION OFFICER DIMAPUR NAGALAND

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7:THE REGISTRAR NAGALAND UNIVERSITY HEADQUARTERS LUMAMI CAMPUS ZUNHEBOTO NAGALAND - 798627

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8:THE CONTROLLER OF EXAMINATION NAGALAND UNIVERSITY HEADQUARTERS LUMAMI CAMPUS ZUNHEBOTO NAGALAND 798627

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-----------Advocate for : LELIMTHONG P YIMCHUNGER Advocate for : GOVT ADV NL appearing for STATE OF NAGALAND AND 7 ORS

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BEFORE HON'BLE MR. JUSTICE MANISH CHOUDHURY HON'BLE MR. JUSTICE PRANJAL DAS

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ORDER

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10.06.2026

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[Manish Choudhury, J]

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Heard Mr. A. Zhimomi, learned counsel for the applicant-appellant and Mr. N. Angami, learned Government Advocate, Nagaland for the opposite party nos. 1 to 6-respondents.

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The instant application under Section 5 of the Limitation Act, 1963 is preferred seeking condonation of delay of 164 days, which delay has occurred in filing the accompanying writ appeal against a common Judgment and Order dated 09.09.2025, rendered in a batch of writ petitions, including W.P.[C] no. 251/2022 wherein the applicant-appellant here was the writ petitioner.

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Mr. Zhimomi, learned counsel for the applicant-appellant has submitted that a number of writ appeals have already been preferred against the common

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Page No.# 3/3 Judgment and Order dated 09.09.2025 by similarly situated writ petitioners and in those writ appeals, notices have already been issued to the respondents. As the applicant-appellant is similarly situated like the appellants in the writ appeals, W.A. 30/2025, W.A. 33/2025, W.A. 34/2025, W.A. 35/2025, W.A. 36/2025, W.A. 37/2025 & W.A. 38/2025, the period of delay which has occurred in filing the accompany writ appeal is to be condoned. He has submitted that for reasons explained in the application, the applicant was prevented from the preferring the writ appeal due to sufficient cause.

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Mr. Angami, learned Government Advocate appearing for the opposite parties-respondents has agreed to the submissions regarding the appeals preferred by the similarly situated persons.

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Having gone through the explanation provided in the instant application, more particularly, paragraphs 11 to 13, we are of the considered view that the applicant-appellant has been able to show sufficient cause as regards the delay which has occurred in filing the accompanying writ appeal. Therefore, the instant applicant stands allowed.

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JUDGE JUDGE

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Comparing Assistant

Shri S. Abenito Awomi v. State of Nagaland and 7 Ors.

Case brief

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What did the court decide?

Shri S. Abenito Awomi v. State of Nagaland and 7 Ors.

Case brief

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What the court decided

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