Sanjib Das Vs the State of Assam and 5 Ors. — Gauhati HC (2026) — LawSathi Research

Sanjib Das Vs the State of Assam and 5 Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition dismissed on withdrawal with liberty: permission to withdraw with liberty to approach the jurisdictional Educational Tribunal (institution within one month to attract favourable consideration of any delay-condonation application); impleadment of the college authorities and respondent No. 6 required in such proceedings; interim orders of 03.09.2024/06.12.2024 vacated; liberty to apply to the Tribunal for protection of service.

Issue for consideration

Whether the petitioner should be permitted to withdraw WP(C)/536/2020 with liberty to pursue establishment of his right to provincialisation of services before the jurisdictional Educational Tribunal, and whether the interim non-ouster directions should continue.

Ratio / Principle

The petitioner is permitted to withdraw the present writ petition with liberty to approach the jurisdictional Educational Tribunal.

Key takeaways

If the petitioner institutes proceedings before the Educational Tribunal within one month and any question of delay arises, the Tribunal shall, while considering the application for condonation of delay, take into account that the petitioner bonafidely pursued the matter before this Court.ratio¶25
In any proceedings instituted before the Educational Tribunal pursuant to the liberty granted, the petitioner shall implead the College Authorities as well as respondent No. 6.ratio¶26
Since the petitioner is permitted to withdraw with liberty to approach the Educational Tribunal, the interim order dated 03.09.2024, as continued by this Court vide order dated 06.12.2024, need not be continued any further and stands vacated.

Detailed headnote1 paragraphs

Writ Petition (C) No. 536 of 2020 — Sanjib Das v. The State of Assam & 5 Ors. (Gauhati High Court, order dated 04/06/2026, Hon'ble Mr. Justice N. Unni Krishnan Nair). The petitioner, who claimed a right to provincialisation of his services at Tyagbir Hem Baruah College, Jamugurihat, sought leave to withdraw the writ petition with liberty to move the jurisdictional Educational Tribunal; the respondents offered no objection. The Court permitted withdrawal and dismissed the petition on withdrawal with liberty, directing that (i) if proceedings are instituted before the Tribunal within one month, any condonation-of-delay application be considered in light of the petitioner's bona fide pursuit of the matter before the High Court; and (ii) the College Authorities and respondent No. 6 be impleaded in such proceedings. The interim direction dated 03.09.2024 in I.A. (Civil) No. 2683/2024 restraining ouster of the petitioner from service — earlier continued by order dated 06.12.2024 — was vacated, with liberty reserved to the petitioner to seek protection of his service before the Tribunal.

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GAHC010011172020

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

Case No. : WP(C)/536/2020

SANJIB DAS

S/O- LATE SURJYA MOHAN DAS, R/O- VILL- DEKASUNDAR, P.O AND P.SJAMUGURIHAT, DIST- SONITPUR, ASSAM, PIN- 784180

VERSUS

THE STATE OF ASSAM AND 5 ORS THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, EDUCATION (HIGHER) DEPTT, DISPUR, GUWAHATI- 781006

2:THE DIRECTOR OF HIGHER EDUCATION KAHILIPARA GUWAHATI- 781019 3:THE GOVERNING BODY REP. BY THE PRESIDENT/ SECRETARY OF THE TYAGBIR HEM BARUAH COLLEGE JAMUGURIHAT DIST- SONITPUR ASSAM PIN- 784189 4:THE PRINCIPAL TYAGBIR HEM BARUAH COLLEGE JAMUGURIHAT DIST- SONITPUR ASSAM PIN- 784189 5:THE DISTRICT LEVEL SCRUTINY COMMITTEE REP. BY ITS CHAIRMAN TEZPUR

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DIST- SONITPUR ASSAM PIN- 784001 6:AJIT BHUYAN S/O- SRI SARAT RANJAN BHUYAN R/O- VILL- SANGIA MAJAR CHOWK P.O- SALAGURI JAMUGURIHAT DIST- SONITPUR ASSAM PIN- 78418

Advocate for the Petitioner : MR S DUTTA, MR. S DUTTA

Advocate for the Respondent : SC, EDU, MR. H S BORAH(R-3,4),MR. P K MUNIR(R-3,4),MR. P HAZARIKA (R-3,4),GA, ASSAM,MR. N BORAH (R6),MR. K GOGOI, SC, HIGHER EDU DEPTT. (R-1,2)

BEFORE

HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

04/06/2026

Heard Mr. S Dutta, learned Senior counsel assisted by Mr. S Dutta, learned counsel for the petitioner. Also heard Mr. S Das, learned Standing counsel, Higher Education Department, appearing for the respondent Nos. 1 & 2, Mr. P Hazarika, learned counsel, appearing for the respondent Nos. 3 & 4, Mr. M Chetia, learned counsel, appearing for the respondent No. 5 and Mr. N Borah, learned counsel, appearing for the respondent No. 6.

2. Mr. Dutta, learned Senior counsel for the petitioner, after having attempted to argue the matter at some length, in view of the deliberations that have taken place during the course of the hearing, submits that he be permitted to withdraw the present writ petition with liberty to move before the

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jurisdictional Educational Tribunal for establishing the right of the petitioner for having his services provincialised.

3. The prayer made by Mr. Dutta, learned Senior counsel for the petitioner is not objected to by the learned counsel for the respondents.

4. Accordingly, the petitioner is permitted to withdraw the present writ petition with liberty to approach the jurisdictional Tribunal.

5. In the event of the institution of any such proceeding before the Educational Tribunal, within a period of 1 (one) month from today, by the petitioner, question of delay arises, the learned Tribunal while considering the application for condonation of such delay, if any, shall consider the fact that the petitioner was bonafidely pursuing the matter before this Court. The application for condontion of delay be accordingly considered.

6. The petitioner, in the event of instituting the proceedings before the Educational Tribunal, shall implead therein, the College Authorities as well as the respondent No. 6, herein.

7. Mr. P Hazarika, learned counsel for the respondent Nos. 3 & 4 has submitted that an interim direction was passed by this Court in I.A. (Civil) No. 2683/2024, vide order dated 03.09.2024 to not oust the petitioner from his services in the college. Accordingly, he prays that the said order be vacated.

8. This Court has perused the records and finds that although, the I.A. (Civil) No. 2683/2024 was disposed of vide order dated 06.12.2024, this Court vide an order dated 06.12.2024 passed in the present proceedings, had directed that the direction not to oust the petitioner as passed in the said Interlocutory

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Application shall remain in force till further order of this Court.

9. The petitioner being permitted to withdraw the present writ petition with liberty to approach the jurisdictional Educational Tribunal for redressal of his grievances, this Court is of the considered view that the order dated 03.09.2024, as continued by this Court vide order dated 06.12.2024, need not be continued any further and the same stands vacated.

10. The petitioner is at liberty to file appropriate application before the Educational Tribunal for protection of his service.

11. The writ petition accordingly stands dismissed on withdrawal with liberty as prayed for.

JUDGE

Comparing Assistant