Minakumari Gogoi Vs the State of Assam and 7 Ors. — Gauhati HC (2026) — LawSathi Research

Minakumari Gogoi Vs the State of Assam and 7 Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition closed with a direction to the respondent authorities to conclude the hearing and dispose of the petitioner's Section 14 appeal within 3 (three) months; liberty reserved to the petitioner to approach the Court again / assail the findings if dissatisfied; copy of the Order dated 05.03.2026 kept on record and marked as Annexure-X.

Issue for consideration

How should the writ petition assailing the speaking order dated 26.05.2023 proceed, in view of the respondents' Order dated 05.03.2026 stipulating further hearing to the petitioner and a fresh relook of her appeal under Section 14 of the Assam Education (Provicialisation) Act, 2017 (as amended 2018)?

Court's answer

In view of the Order dated 05.03.2026 produced by the respondents, and granting the petitioner's prayer for a time frame, the respondents are directed to conclude the hearing and dispose of the petitioner's appeal within a period of 3 (three) months, and on that basis the writ petition is closed.

Ratio / Principle

If the findings in the disposal of the appeal are not to the satisfaction of the petitioner, she shall be at liberty to assail the same (liberty to approach the Court again as prayed for).

Detailed headnote1 paragraphs

Gauhati High Court (WP(C)/6168/2023, order dated 12.03.2026, Hon'ble Mr. Justice Rajesh Mazumdar) — Minakumari Gogoi v. The State of Assam & 7 Ors. The learned Standing Counsel for the Department of School Education produced an Order dated 05.03.2026 of the Commissioner & Secretary to the Govt. of Assam, Department of School Education, touching the speaking order dated 26.05.2023 which was assailed in this writ petition, stipulating that the petitioner would be given an opportunity of further hearing and that her appeal under Section 14 of the Assam Education (Provicialisation of Services of Teachers & Re-Organisation of Educational Institutions) Act, 2017 as amended 2018 would receive a fresh relook. In view thereof, and on counsel's submission that the petition could be closed subject to a time frame, the Court directed the respondents to conclude the hearing and dispose of the appeal within 3 (three) months and closed the writ petition, reserving liberty to the petitioner to assail the findings if dissatisfied. The Order dated 05.03.2026 was kept on record as Annexure-X.

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GAHC010236292023

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

Case No. : WP(C)/6168/2023

MINAKUMARI GOGOI

W/O- SONABAR GOGOI, VILL.- RAJABARI CHRISTEAN VILLAGE, P.O. LOWJAN (SELENGHAT), DIST. JORHAT, PIN- 785636.

VERSUS

THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM ,DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GHY-06.

2:THE STATE LEVEL SCRUTINY COMMITTEE REPRESENTED BY THE DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA GHY-19 KAMRUP(M) ASSAM

3:THE DISTRICT SCRUTINY COMMITTEE JORHAT DISTRICT REPRESENTED BY DEPUTY COMMISSIONER JORHAT DISTRICT.

4:THE DISTRICT ELEMENTARY EDUCATION OFFICER JORHAT DISTRICT.

5:THE BLOCK ELEMENTARY EDUCATION OFFICER EAST JORHAT JORHAT DISTRICT.

6:THE MISSION DIRECTOR SSA

ASSAM

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KAHILIPARA GHY-19 KAMRUP(M) ASSAM 7:MUKUNDO MADHAB GOGAI TUTOR RAJABARI RANKHAM M.E. SCHOOL VILL.- RANKHAM P.O. LOWJAN (SELENGHAT P.S. AND DIST. JORHAT PIN- 785636.

8:MAMONI GOGAI TUTOR RAJABARI RANKHAM M.E. SCHOOL VILL.- RANKHAM P.O. LOWJAN (SELENGHAT) P.S. AND DIST. JORHAT PIN- 785636

Advocate for the Petitioner : MR. B K DAS,

Advocate for the Respondent : GA, ASSAM, MR. A DEKA (R-8),MR N SARMA (R-8),SC, SSA,SC, ELEM. EDU

B E F O R E

HON’BLE MR. JUSTICE RAJESH MAZUMDAR

ORDER

12.03.2026

Heard Mr. B.K. Das, learned counsel for the petitioner. Also heard Mr. N.J. Khataniar, learned Standing Counsel, Department of School Education, Ms. P. Das, learned Standing Counsel for the SSA/respondent No. 6 and Mr. B. Deka, learned counsel for respondent No. 8.

Mr. N.J. Khataniar, learned Standing Counsel has produced an Order dated 05.03.2026, issued by the Commissioner & Secretary to the Govt. of Assam,

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Department of School Education by which the speaking order dated 26.05.2023, which was assailed in this writ petition, the order further stipulates that the petitioner would be given an opportunity of further hearing to place her grievances before the Commissioner & Secretary to the Govt. of Assam, Department of School Education and her appeal filed u/s 14 of the Assam Education (Provicialisation of Services of Teachers & Re-Organisation of Educational Institutions) Act, 2017 as amended 2018 will be given a fresh relook.

In view of the above, the learned counsel for the petitioner submits that this writ petition in its present form can be closed, however, by fixing a time frame for the respondent authorities to conduct the hearing and dispose the appeal of the petitioner. He further prays for the liberty to approach this Court again in case any grievance remains after the disposal of the appeal. Granting the liberty as prayed for and directing the respondents to conclude the hearing and dispose the appeal within a period of 3(three) months from today, this writ petition is closed.

In case, the findings of the appeal are not to his satisfaction of the petitioner, shall be at liberty to assail the same.

A copy of the order dated 05.03.2026 produced by Mr. N.J. Khataniar is kept on record and marked as Annexure-X.

JUDGE

Comparing Assistant