Disposed¶77

Mukul Chandra Kalita and 20 Ors. v. the State of Assam and 3 Ors.

Gauhati HC1 Jun 2026WP(C)/4352/2024

Case brief

AI extract

What is this about?

Honorary Gaonburah recruitment (Goalpara, Assam); selected candidates not issued appointment letters; representation dated 21-10-2022 seeking preference/weightage; advertisement dated 20-04-2023; prayer to quash advertisement not pressed; writ petition disposed with direction to Secretary, Department of Revenue to examine claims before declaration of results; 30-day time limit; no adjudication on merits; no statute or precedent cited; no costs mentioned.

What did the court decide?

Direction to the Secretary, Department of Revenue, to examine the petitioners' claims and pass appropriate orders before declaration of results of the advertisement dated 20.04.2023, granting any weightage or preference the Department may decide as a matter of policy, within 30 days of receipt of a certified copy of the order. ¶77

Mukul Chandra Kalita and 20 Ors. Vs the State of Assam and 3 Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the advertisement dated 20-04-2023 for recruitment of Honorary Gaonburahs should be set aside and quashed - a prayer the petitioners did not press at the hearing as they had already participated in the selection. +1 more

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Court's answer

The petitioners did not press their prayer for setting aside and quashing the advertisement dated 20-04-2023, having already participated in the selection; the petition was therefore disposed of on their representation grievance alone.

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Ratio / Principle

The writ petition stands disposed of directing the Secretary, Department of Revenue, to examine the claims of the petitioners and pass appropriate orders before the results of the advertisement dated 20.04.2023 are declared.

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Key takeaways

If the petitioners are found to be entitled to any weightage or preferences, as may be decided by the Department as a matter of policy, the same can be granted to the writ petitioners.ratio¶76
The exercise of examining the petitioners' claims is to be carried out within 30 (thirty) days from the date of receipt of a certified copy of the order.ratio¶76

Detailed headnote1 paragraphs

Gauhati High Court (Soumitra Saikia, J.), WP(C)/4352/2024, order dated 02.06.2026 as printed: Twenty-one petitioners claimed to have been selected for appointment as Honorary Gaonburah in an earlier State recruitment process which stood abandoned; their appointment letters were never issued though police verification was completed, while some other selected persons were appointed, terminated and later restored pursuant to court orders. The petitioners filed a representation dated 21-10-2022 before the Secretary, Department of Revenue seeking preference in the fresh selection initiated by advertisement dated 20-04-2023, in which they also participated; no order was passed on the representation. They did not press their prayer to quash the advertisement. Disposing of the writ petition in light of the submissions of both sides, the Court directed the Secretary, Department of Revenue, to examine the petitioners' claims and pass appropriate orders before the results were declared, granting such weightage or preference as the Department may decide as a matter of policy, within 30 days of receipt of a certified copy of the order. No statute or precedent was cited; the petition was disposed without adjudication on merits of the selection process.

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GAHC010170002024

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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)/4352/2024

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MUKUL CHANDRA KALITA AND 20 ORS S/O- MUKUNDA CHANDRA KALITA R/O- VILLAGE- KHALAIPARA P.O.- BAKAITARI P.S.- MATIA DISTRICT- GOALPARA, ASSAM, PIN- 783125.

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2: DAYAL CHANDRA DAS

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AGED ABOUT 44 YEARS S/O- CHUYA RAM DAS R/O- VILLAGE BAGUAN PT IV

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P.O.- CHASSA PANI

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P.S.- MATIA DISTRICT- GOALPARA ASSAM

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PIN- 783125.

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3: TARANGA NATH AGED ABOUT 58 YEARS S/O- DINA RAM NATH R/O- VILLAGE- BAHATI P.O.- BAHATI P.S.- MATIA DISTRICT- GOALPARA ASSAM

PIN- 783125.

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4: RANJIT SAUD

AGED ABOUT 45 YEARS S/O- LATE ATUL CHANDRA SAUD R/O- VILLAGE- PUB MATIA P.O.- MATIA P.S.- MATIA DISTRICT- GOALPARA ASSAM PIN- 783125.

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5: KAMJAD ALI AHMED AGED ABOUT 54 YEARS S/O- SADAK HUSSAIN R/O- VILLAGE- GOURAPARATARI P.O.- SUTERPARA P.S.- MATIA DISTRICT- GOALPARA ASSAM PIN- 783125. 6: BILLALUDDIN AHMED AGED ABOUT 52 YEARS S/O HUSSAIN SHEIKH R/O- VILLAGE- NOBAGOTA SIMLITOLA CHAR PT- I P.O.- SIMLITOLA P.S.- MATIA DISTRICT- GOALPARA ASSAM PIN- 783125. 7: SOFIAL AZIG AGED ABOUT 52 YEARS S/O- ABDUL MONDAL R/O- VILLAGE- SUTER PARA N/C P.O.- SUTER PARA P.S.- MATIA DISTRICT- GOALPARA ASSAM PIN- 783125.

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8: ANSARUL HOQUE AGED ABOUT 55 YEARS

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S/O- RAMJAN ALI R/O- VILLAGE- BASANTA PUR N/C P.O.- DOLGOMA

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P.S.- PANCHARATNA DISTRICT- GOALPARA ASSAM

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PIN- 783125.

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9: MOFIDUL ISLAM BORA AGED ABOUT 45 YEARS S/O- ABDUS SOBAHAM R/O- VILLAGE- ASHUDUBI P.O.- KRISHNAI P.S.- KRISHNAI DISTRICT- GOALPARA ASSAM

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PIN- 783126.

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10: JOSIM ALI AGED ABOUT 60 YEARS S/O- NAYAB ALI SHEIKH R/O- VILLAGE- RANUA P.O.- BAHATI P.S.- MATIA DISTRICT- GOALPARA ASSAM

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PIN- 783125.

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11: NOUSAD ALI

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. AGED ABOUT 55 YEARS S/O- MOTIOUR RAHMAN R/O- VILLAGE- RAVA PARA P.O.- CHAKLA P.S.- MATIA DISTRICT- GOALPARA ASSAM

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PIN- 783125.

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12: MIZANUR RAHMAN AGED ABOUT 52 YEARS S/O- SAHADAT ALI R/O- VILLAGE- KARIPARA

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DAP PARA PT. II P.O.- CHAKLA P.S.- MATIA DISTRICT- GOALPARA ASSAM

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PIN- 783125.

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13: NAJMUL HOQUE AGED ABOUT 42 YEARS S/O- LATE MANNAF ALI R/O- VILLAGE- HELAPAKHRI P.O.- BALADMARI CHAR P.S.- MORNAI DISTRICT- GOALPARA ASSAM PIN- 783101.

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14: CHITTARANJAN KALITA AGED ABOUT 53 YEARS S/O- HAREN CHANDRA KALITA R/O-VILLAGE- GOSAIBARI P.O.- GOSAIBARI P.S.- MATIA DISTRICT- GOALPARA ASSAM

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15: TARUN CH. DAS AGED ABOUT 61 YEARS S/O- SIBSARAN DAS R/O- VILLAGE- DABOTOR BAPUPARA PT- II P.O.- AGIA P.S.- AGIA DISTRICT- GOALPARA ASSAM PIN-783120.

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16: ABUL KALAM AZAD AGED ABOUT 54 YEARS S/O- ABU TALAB MIA R/O- VILL.- BAHATI P.O.- BAHATI P.S.- MATIA DISTRICT- GOALPARA ASSAM

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PIN- 783125.

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17: MOTILAL KALITA AGED ABOUT 57 YEARS S/O- ANANTA KALITA R/O- VILLAGE- UPORTOLA P.O.- UPORTOLA P.S.- DUDHNOI DISTRICT- GOALPARA ASSAM

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PIN- 783125.

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18: HEMAN CHANDRA SALOI AGED ABOUT 55 YEARS S/O- KESHAB SALOI R/O- VILLAGE- KARUABARI P.O.- BAKALITARI P.S.- MATIA DISTRICT- GOALPARA ASSAM

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PIN- 783125.

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19: NAZRUL ISLAM AGED ABOUT 57 YEARS S/O- NUR RAHMAN R/O- VILL.- KHAMAR MANPUR P.O.- KRISHNAI P.S.- KRISHNAI DISTRICT- GOALPARA ASSAM PIN NO.- 783126.

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20: JAKIR HUSSAIN AGED ABOUT 48 YEARS S/O- RAHOM ALI R/O- VILLAGE- RAKSOSINI PT- I P.O.- RAKSOSINI P.S.- MORNOI DISTRICT- GOALPARA ASSAM PIN NO- 783101.

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21: MAHMUDUL HASAN AGED ABOUT 44 YEARS S/O- MIJANUR RAHMAN R/O- VILLAGE- FAFONGA PT-III

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P.O.P.S.- MATIA DISTRICT- GOALPARA ASSAM

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PIN- 783125

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VERSUS

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THE STATE OF ASSAM AND 3 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DEPARTMENT, JANATA BHAWAN (ASSAM SECRETARIAT COMPLEX), DISPUR, GUWAHATI- 781006.

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2:THE DEPUTY COMMISSIONER

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GOALPARA

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ASSAM.

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3:THE ADDL. DEPUTY COMMISSIONER

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CUM SUB-DIVISIONAL OFFICER GOALPARA ASSAM

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4:THE SUB-DIVISIONAL OFFICER

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P.O P.S AND DIST-GOALPARA ASSA

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Advocate for the Petitioner : D BARUAH, MR H DAS,MR. B C DEKA

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Advocate for the Respondent : SC, REVENUE, GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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02.06.2026

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Heard Mr. H Das, learned counsel for the petitioners. Also heard Mr. JK

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Goswami, learned additional senior government advocate, Assam and Mr. J

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Handique, learned Standing Counsel, Revenue and Disaster Management Department.

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2] The petitioners were selected for being appointed as Honorary Gaonburah pursuant to a recruitment process initiated by the State. The petitioners claim that they were selected candidates, however, their appointments letters were not issued. It is further submitted that the police verification, etc., had been completed. Although, some of the other selected persons were appointed as Honorary Gaonburahs and their appointments were then terminated, but again subsequently restored by the Government pursuant to orders passed by the Court. The petitioners claim that they were similarly situated to those persons, and they had also participated in the subsequent advertisement dated 20-042023. It is the apprehension expressed by the petitioners that in spite of they having been selected in the earlier process for recruitment, in the subsequent advertisement, their cases may not be considered, as there are several younger persons who are participating in the present selection process. The petitioners, therefore, have ventilated their grievances before the authorities by filing a representation dated 21-10-2022 before the Secretary, Department of Revenue, requesting for consideration of their cases by giving them preference, considering the fact that they had earlier participated in the recruitment

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process, which stood abundant, subsequent recruitment process has now been initiated. This representation has also been forwarded to the Deputy Commissioner, Goalpara. However, no such order has been passed by the authorities concerned, considering the prayers made by the petitioners.

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3] By filing this writ petition although the writ petitioners have prayed for orders for setting aside and quashing the advertisement dated 20-04-2023, at this stage, they do not wish to press the same prayer as they have already participated in the advertisement. Their grievance before the Court is that the authorities should consider their grievances ventilated through the representation dated 21-10-2022 and their preference be taken into account while passing appropriate orders for recruitment as Honorary Gaonburahs.

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4] Learned Standing Counsel, Revenue Department submits that the results have not yet been declared and the representation has already been placed before the Government and the Government will pass appropriate orders, if considered reasonable in respect of the writ petitioners.

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5] Mr. JK Goswami, learned Additional Senior Government Advocate, Assam submits that the writ petition may be closed with the direction to the respondent Authorities to examine the claims of the petitioners ventilated by way of the representation dated 21.10.2022, and the same can be carried out

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within a time frame fixed by the Court.

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6] Considering the above, the writ petition stands disposed of directing the Secretary, Department of Revenue, to examine the claims of the petitioners and pass appropriate orders before the results are declared in respect of the advertisement dated 20.04.2023 and if the petitioners are found to be entitled to any weightage or preferences, as may be decided by the Department as a matter of policy, the same can be granted to the writ petitioners. Let this exercise be carried out within 30 (thirty) days from the date of receipt of a certified copy of this order.

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7] In terms of the above, the writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Mukul Chandra Kalita and 20 Ors. v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Mukul Chandra Kalita and 20 Ors. v. the State of Assam and 3 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

Parties & counsel

Coram

Case details

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