The State of Assam and Anr. v. Smti Achala Goswami and 3 Ors.

Gauhati HC3 May 2026I.A.(Civil)/909/2026

Case brief

AI extract

What is this about?

Condonation of delay; 15 days; writ appeal against Single Judge judgment and order dated 16.06.2025 in WP(C) No. 6197/2022; Interlocutory Application I.A.(Civil)/909/2026; Gauhati High Court; sufficient cause for delay; no negligence, lack of bona fide or inaction; appeal to be listed 24.06.2026 if defect free. Short procedural order; no statutory provisions or cited cases.

What did the court decide?

Condonation of the 15-day delay in filing the connected writ appeal; Interlocutory Application disposed of; Registry to process the appeal and, if found defect free, list it on 24.06.2026 under the appropriate heading. ¶¶36

The State of Assam and Anr. Vs Smti Achala Goswami and 3 Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the delay of 15 days in filing the connected writ appeal against the judgment and order dated 16.06.2025 in WP(C) No. 6197/2022 should be condoned.

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Court's answer

The applicants/appellants sufficiently explained the reasons for the 15-day delay and substantiated that, for reasons beyond their control, they were deflected from approaching the Court promptly; the Court saw no negligence, lack of bona fide, or inaction on their part.

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Ratio / Principle

After going through the averments made at paragraph Nos. 4 (i) & 4 (ii) of the application, the Court was satisfied that good grounds were assigned by the applicants/appellants for condoning the delay of 15 days in preferring the connected appeal.

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Key takeaways

The delay of 15 days in filing the connected writ appeal is condoned.ratio¶¶36
The Interlocutory Application stands disposed of.ratio¶¶37
The Registry is directed to process the appeal and, if found defect free, list the same on 24.06.2026 under the appropriate heading.ratio¶¶38

Detailed headnote1 paragraphs

Gauhati High Court (Coram: Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury; order signed by Arun Dev Choudhury, J), order dated 04-05-2026 in I.A.(Civil)/909/2026: The State of Assam and the Director of Higher Education, Assam, as applicants/appellants, sought condonation of a 15-day delay in filing a writ appeal against the judgment and order dated 16.06.2025 of the learned Single Judge in WP(C) No. 6197/2022. Finding that the applicants had sufficiently explained the delay, were deflected from approaching the Court promptly for reasons beyond their control, and showed no negligence, lack of bona fide or inaction, and that good grounds were assigned (paragraphs 4(i) and 4(ii) of the application), the Court condoned the delay, disposed of the Interlocutory Application, and directed the Registry to process the appeal and list it on 24.06.2026 if found defect free. No statute or precedent was cited.

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GAHC010051672026

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

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Case No. : I.A.(Civil)/909/2026

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THE STATE OF ASSAM AND ANR

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REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, HIGHER EDUCATION DEPARTMENT, DISPUR, GUWAHATI - 781 006

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2: THE DIRECTOR OF HIGHER EDUCATION ASSAM KAHILIPARA GUWAHATI -781 019

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VERSUS

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SMTI ACHALA GOSWAMI AND 3 ORS

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AGE 78 YEARS, W/O - LATE BIRESH CH GOSWAMI, R/O- HOUSE NO. 24, KK B ROAD, BIDYA MANDIR BYE LANE, CHENIKUTHI GUWAHATI, KAMRUP M, ASSAM, PIN - 781- 003

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2:THE DIRECTOR OF PENSION HOUSFED COMPLEX 6TH FLOOR CENTRAL BLOCK BELTOLA ROAD GUWAHATI -781-006.

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3:BOARD OF SECONDARY EDUCATION

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THROUGH ITS SECRETARY BAMUNIMAIDAM GUWAHATI KAMRUP M ASSAM.

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4:THE PRINCIPAL PRAGJYOTISH COLLEGE GUWAHATI

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KAMRUP M ASSAM

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Advocate for the Petitioner : MR. D UPAMANYA,

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Advocate for the Respondent : MR. A R BHUYAN(R1), MS. T SONOWAL(R4),MR. D NATH(R4),S LASKAR(R1),MR N Z CHOUDHURY(R1)

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BEFORE

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HONOURABLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

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04-05-2026

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(Arun Dev Choudhury,J)

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1. Heard Mr. D. Upamanyu, learned counsel for the

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applicants/appellants. Also heard Mr. A.R.Bhuyan, learned Senior counsel for the opposite party/respondent No. 1 and Mr. D. Nath, learned Senior Govt. counsel for the opposite party/respondent No. 4.

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2. The present Interlocutory Application is filed seeking condonation of the delay of 15 days in filing the connected writ appeal against the

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judgment and order dated 16.06.2025 passed by the learned Single Judge in WP(C) No. 6197/2022.

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3. The applicants have sufficiently explained the reasons for the delay

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and have substantiated that, for reasons beyond their control, they were deflected from approaching the Court promptly and within the prescribed

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period of limitation. We do not see any negligence, lack of bona fide, or inaction on the part of the applicants/appellants.