Dismissed¶28

Brihaspati Boro and Anr. v. the State of Assam and 4 Ors.

Gauhati HC11 Mar 2026WP(C)/1663/2018

Case brief

AI extract

What is this about?

Gauhati High Court; WP(C)/1663/2018; Brihaspati Boro; Tarun Ch. Basumatary; State of Assam; Director of Elementary Education; Haradutta M.E School; provincialization 1977; School Managing Committee appointments; regularization of services; dismissal on withdrawal; no further liberty; N. Unni Krishnan Nair; order dated 12.03.2026; Kamrup; Rangia.

What did the court decide?

Writ petition dismissed on withdrawal at the request of the petitioners' counsel; withdrawal without prejudice to the petitioners' rights if already regularized, but no further liberty to raise the same issue before this Court if not regularized. ¶28

Brihaspati Boro and Anr. Vs the State of Assam and 4 Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶28

Issue for consideration

Whether the petitioners, engaged by the School Managing Committee after Haradutta M.E School had been provincialized, are entitled to regularization of their services (petition withdrawn before adjudication of this question).

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Court's answer

The withdrawal would not affect the petitioners' rights in the event they have already been regularized in their services; however, if the petitioners are not regularized, no further liberty would be granted for raising the same issue before this Court.

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Ratio / Principle

This Court permitted Mr. A Paul, learned counsel for the petitioner, to withdraw the present writ petition.

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Key takeaways

Stated as a settled position of law (in passing, while permitting withdrawal): the Managing Committee of a school is not empowered to effect appointments on honorary basis and/or any other capacity after the school has been provincialized.obiter¶25

Detailed headnote1 paragraphs

Gauhati High Court (N. Unni Krishnan Nair, J.), WP(C)/1663/2018, order dated 12.03.2026: Writ petition by Brihaspati Boro and another against the State of Assam and four others (Education Department (Elementary) authorities) stood dismissed on withdrawal. Counsel for the petitioners sought withdrawal on the ground that the petitioners may, in the meanwhile, have been regularized in their services, and submitted he had lost contact with them. The Court recorded that Haradutta M.E School was provincialized in the year 1977 and that the petitioner was engaged in the said school w.e.f 30.09.1997 by the School Managing Committee, observing as a settled position of law that a school Managing Committee is not empowered to effect appointments on honorary basis and/or any other capacity after the school has been provincialized. The Court directed that the withdrawal would not affect the petitioners' rights if they have already been regularized, but that no further liberty would be granted for raising the same issue before this Court if they are not regularized.

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GAHC010053682018

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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)/1663/2018

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BRIHASPATI BORO AND ANR.

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S/O. LT. JANGHA RAM BORO, VILL. BAUKURIHA, P.O. TITKURI, P.S. RANGIA, DIST. KAMRUP, ASSAM, PIN-781354

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2: TARUN CH. BASUMATARY S/O. LT. GANGA RAM BASUMATARY VILL. BARKURIHA P.O. TITKURI P.S. RANGIA DIST. KAMRUP ASSAM PIN-78135

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VERSUS

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THE STATE OF ASSAM AND 4 ORS.

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REPRESENTED BY THE COMMISSIONER AND SECRETARY, EDUCATION DEPARTMENT (ELEMENTARY), DISPUR, GUWAHATI-06.

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2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19.

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3:THE DISTRICT ELEMENTARY EDUCATION OFFICER KAMRUP ASSAM PIN-781031

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4:DEPUTY INSPECTOR OF SCHOOLS RANGIA KAMRUP ASSAM PIN-781354

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5:BLOCK ELEMENTARY EDUCATION OFFICER RANGIA PIN-78135

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Advocate for the Petitioner : MR. A PAUL, MR. G C DAS,MR. J PAUL,MS. L WAJEEDA,MS. S KUMARI

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Advocate for the Respondent : SC, ELEM. EDU,

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BEFORE

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HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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ORDER

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Date : 12.03.2026

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Heard Mr. A Paul, learned counsel for the petitioner. Also heard Mr. A Phukan, learned standing counsel, Department of Elementary Education, Assam, appearing for all the respondents.

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Mr. A Paul, learned counsel for the petitioner prays that he be permitted to withdraw the present writ petition on the ground that the petitioners may have, in the meanwhile, be regularized in their services.

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This Court has perused the materials available on record and finds that the school i.e. Haradutta M.E School, was provincialized, as per the instructions received by Mr. A Phukan, learned standing counsel, Department of Elementary Education, Assam, in the year 1977. The petitioner, admittedly, was engaged in the said School w.e.f 30.09.1997 by the School Managing Committee. It is a settled position of law that the Managing Committee of the School is not empowered to effect appointments on honorary basis and/or any other capacity after the school has been provincialized. However, considering the prayer made by Mr. A Paul, learned counsel for the petitioner, which he also submits, is on account of the fact that he has lost conduct with the petitioners, this Court permits Mr. A Paul, learned counsel for the petitioner to withdraw the present writ petition.

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The withdrawal of the present writ petition, however, would not affect the rights of the petitioner in the event, they have already been regularized in their services. However, in the event the petitioners are not regularized in their services, no further liberty would be granted for raising the same issue before this Court.

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With the above observations and directions, the present writ petition stands dismissed on withdrawal.

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JUDGE

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Comparing Assistant

Brihaspati Boro and Anr. v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Brihaspati Boro and Anr. v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

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