Hemlal Upadhayaya Vs the State of Assam and Othrs — Gauhati HC (2026) — LawSathi Research

Hemlal Upadhayaya Vs the State of Assam and Othrs — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Permission to withdraw the writ petition with liberty to file representations/claims and objections to the District-wise Provisional Seniority List dated 22.08.2025 within 7 days, with the respondent authorities directed to consider and dispose of such representations within 6 (six) weeks thereafter; writ petition closed.

Issue for consideration

Whether the petitioner, whose name was omitted from the District-wise Provisional Seniority List of Assistant Teachers (Graduate) of Secondary Schools under Karbi Anglong circulated vide Notice dated 22.08.2025, could withdraw the writ petition and instead pursue representations/claims and objections before the Inspector of Schools, Karbi Anglong District Circle, Diphu.

Court's answer

Having considered that the Inspector of Schools, Karbi Anglong District Circle, Diphu has published the District-wise Provisional Seniority List providing for objections/claims, if any, by the teachers, the writ petitioner is permitted to withdraw the writ petition with liberty to file claims and objections to the District-wise Provisional Seniority List dated 22.08.2025.

Ratio / Principle

The petitioner was directed to file representations/claims and objections within a period of 7 days from the date of the order.

Key takeaways

If the representations/claims/objections are filed within 7 days, the respondent authorities were directed to consider and dispose of the same within 6 (six) weeks thereafter.ratio¶28
The writ petition was ordered to stand closed with the aforesaid liberty.ratio¶27

Detailed headnote1 paragraphs

Writ Petition (WP(C)/605/2026), Gauhati High Court, Kardak Ete, J., order dated 09.02.2026. The petitioner, Hemlal Upadhayaya, whose name had been omitted from the District-wise Provisional Seniority List of Asst. Teacher (Graduate) of Secondary Schools under Karbi Anglong circulated vide Notice dated 22.08.2025, sought leave to withdraw his writ petition. Noting that the Inspector of Schools, Karbi Anglong District Circle, Diphu had already published the said list inviting claims/objections from teachers, the Court permitted withdrawal of the writ petition with liberty to file representations/claims and objections to the list dated 22.08.2025 within 7 days, and directed the respondent authorities to consider and dispose of such representations within 6 (six) weeks thereafter. The writ petition accordingly stands closed. No statutory provision or precedent was cited in the order.

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GAHC010010922026

2026:GAU-AS:1702

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

Case No. : WP(C)/605/2026

HEMLAL UPADHAYAYA

S/O LATE GOVIND PRASAD UPADHAYA,VILLAGE- HOLLOWKHOWA, P.O. P.S.BARPATHAR, DISTRICT- KARBI ANGLONG,ASSAM, PIN-785602.

VERSUS

THE STATE OF ASSAM AND OTHRS

TO BE REPRESENTED, BY THE COMMISSIONER-PRINCIPALSECRETARY, SECONDARY EDUCATIONDEPARTMENT, GOVT. OF ASSAM, DISPUR,GUWAHTI-6.

2:THE DIRECTOR OF SECONDARY EDUCATION

ASSAM KAHILIPARA GUWAHATI-19.

3:THE KARBI ANGLONG AUTONOMOUS COUNCIL REP. BY THE PRINCIPAL SECRETARY DIPHU KARBI ANGLONG ASSAM PIN-782460

4:THE SCRETARY DEPARTMENT OF SECONDARY EDUCATION

KARBIANGLONG AUTONOMOUS COUNCIL DIPHU ASSAM-782460.

5:THE ADDITIONAL DIRECTOR OF EDUCATION

Page No.# 2/3

KARBI-ANGLONG AUTONOMOUS COUNCIL DIPHU ASSAM PIN-782460. 6:THE INSPECTOR OF SCHOOLS KARBIANGLONG DISTRICT CIRCLE DIPHU ASSAM-782460. 7:RAJANI PROVA BARUAH ASSISTANT HEADMISTRESS KHORSINGTERANG HIGH SCHOOL P.O. JAPARAJAN P.S. BOKAJAN DISTRICT-KARBIANGLONG ASSAM-78248

Advocate for the Petitioner : MR. S UPADHAYA, A SARMA,M SHARMA,MR B SINHA Advocate for the Respondent : SC, SEC. EDU., SC, K A A C

BEFORE HONOURABLE MR. JUSTICE KARDAK ETE

ORDER

09.02.2026

Mr. B. Sinha, learned counsel for the petitioner submits that he may be allowed to withdraw this writ petition with a liberty to file representation / claims and objections against the Notice dated 22.08.2025 with regard to the District-wise Provisional Seniority List of Asst. Teacher (Graduate) of Secondary Schools under Karbi Anglong in which the name of the petitioner has been omitted.

Ms. H. Terangpi, learned Standing Counsel, Secondary Education Deprtment and Mr. J. Chutia, learned Standing Counsel, KAAC are present.

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Considering that the Inspector of Schools, Karbi Anglong District Circle, Diphu has published the District-wise Provisional Seniority List providing objections / claims, if any, by the teachers, the writ petitioner is permitted to withdraw this writ petition with a liberty to file claims and objections to the District-wise Provisional Seniority List dated 22.08.2025 by Inspector of Schools, Karbi Anglong District Circle, Diphu.

Accordingly the writ petition stands closed with the aforesaid liberty.

It is provided that the petitioner shall file Representations / claims and objections within a period of 7 days from today. In the event, the Representations / claims / objections is filed within 7 days, the respondent authorities shall consider and dispose of the same within 6 (six) weeks thereafter.

JUDGE

Comparing Assistant