Dismissed¶24

Ataur Rahman v. the State of Assam and 4 Ors.

Gauhati HC15 Mar 2026WP(C)/425/2025

Case brief

AI extract

What is this about?

Dismissal on withdrawal of writ petition WP(C)/425/2025 (Gauhati High Court, 16.03.2026, Justice N. Unni Krishnan Nair); petitioner Ataur Rahman; respondents include State of Assam (School Education Department), Director of Secondary Education, District Commissioner Barpeta, Inspector of Schools, and Tarif Uddin Ahmed; subject: appointment as Senior Assistant, Bagodi Higher Secondary School, Barpeta; Executive Magistrate enquiry report placed on record; liberty reserved to approach jurisdictional Educational Tribunal; advocates: B Rahman (petitioner), H Terangpi (standing counsel, School Education, R1/R2/R4), K Phukan (Government Advocate, R3), F A Hassan (R5).

What did the court decide?

Liberty to the petitioner to institute proceedings before the jurisdictional Educational Tribunal, if so permissible in law. ¶24

Ataur Rahman Vs the State of Assam and 4 Ors. — Gauhati HC (2026) — LawSathi Research

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GAHC010015252025

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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)/425/2025

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ATAUR RAHMAN

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SON OF LATE NOWJESH ALI AHMED R/O VILLAGE BAGODI P.O. BAGODI, DISTRICT - BARPETA, ASSAM PIN - 781311

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VERSUS

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THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, SCHOOL EDUCATION DEPARTMENT, DISPUR GUWAHATI-781006

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2:THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GUWAHATI - 781019 3:THE DISTRICT COMMISSIONER (D.C.) BARPETA DISTRICT - BARPETA ASSAM PIN4:THE INSPECTOR OF SCHOOLS B.D.C. BARPETA DISTRICT - BARPETA ASSAM 5:TARIF UDDIN AHMED SON OF LATE GIA UDDIN VILLAGE BAGODI P.O. BAGODI DISTRICT - BARPETA ASSAM PIN-781311

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Advocate for the Petitioner : MR. A K PURKAYASTHA, MR. B RAHMAN

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Advocate for the Respondent : SC, SEC. EDU., MR. F A HASSAN(R5),GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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ORDER

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Date : 16.03.2026

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Heard Mr. B Rahman, learned counsel for the petitioner. Also Ms. H Terangpi, learned standing counsel, Department of School Education appearing for respondent no. 1, 2 & 4 and Ms. K Phukan, learned Government Advocate appearing for respondent no. 3. Mr. F A Hassan, learned counsel appears for the respondent no. 5.

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As consented to by the learned counsel for the parties, the present writ petition is taken up for final consideration and disposal.

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At the outset, it is noted that Ms. K Phukan, learned Government Advocate appearing for respondent no. 5 has placed on record the enquiry report submitted by the Executive Magistrate, Office of the District Commissioner, Barpeta with regard to the complaint raised by the petitioner pertaining to the appointment of the respondent no. 5 as a Senior Assistant in Bagodi Higher Secondary School, Barpeta. A copy, thereof, was furnished to Mr. B Rahman, permitting him to make his submissions, thereon.

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Mr. B Rahman, learned counsel for the petitioner, on perusal of the said report, and as per the instructions of the petitioner, submits that the petitioner desires not to press the present writ petition any further and as such, Mr. B Rahman, learned counsel for the petitioner, prays that he be permitted to withdraw the present writ petition, with a liberty to the petitioner to approach the jurisdictional Educational Tribunal.

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The said prayer is not objected to by the learned counsel for the

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respondents.

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Accordingly, the present writ petition stands dismissed on withdrawal, with a liberty to the petitioner to institute proceedings before the jurisdictional Educational Tribunal, if so permissible in law.

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JUDGE

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Comparing Assistant

Ataur Rahman v. the State of Assam and 4 Ors.

Case brief

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Ataur Rahman v. the State of Assam and 4 Ors.

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