Gauhati High Court

I.A.(Civil)/992/2026 of PRADIP KALITA Vs THE STATE OF ASSAM AND 9 ORS on 1 September 2026

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GAHC010277002025 2026:GAU- AS:12651-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/992/2026 PRADIP KALITA S/O LATE BIPIN KALITA, R/O VILL. BARIMUKH, P.O. BARIMUKH, P.S. NUSHALPUR, DIST. BAKSA, BTAD, ASSAM, PIN 781315 ASTT. TEACHER,

GAHC010277002025

2026:GAU-

AS:12651-DB

THE GAUHATI HIGH COURT

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

Case No. : I.A.(Civil)/992/2026

PRADIP KALITA

S/O LATE BIPIN KALITA, R/O VILL. BARIMUKH, P.O. BARIMUKH, P.S.

NUSHALPUR, DIST. BAKSA, BTAD, ASSAM, PIN 781315 ASTT. TEACHER, BAPUJI M E SCHOOL.

2: DHARANI DEWRY

S/O LATE LAHIRAM DEWRI

R/O VILL. GHOGPUR NAKTIPARA

P.O BARAMA

P.S. BARAMA

DIST. BAKSA

BTAD

ASSAM

PIN 781315 ASSTT. TEACHER

BOWAPARA L.P. SCHOOL.

3: DIPANKAR NATH

S/O LATE PHUKAN CHANDRA NATH

R/O VILL. PALASHGURI

P.O. NARAYANPUR

P.S. NARAYANPUR

DIST. BAKSA

BTAD

ASSAM

PIN 781315 ASSTT. TEACHER

GHORAMARA L.P. SCHOOL

4: SMTI DROUPADI RAMCHIARY

D/O BABU RAMCHIARY

R/O VILL. PAMUA PATHAR

P.O. PAMUA PATHAR

P.S. NUSHALPUR

DIST. BAKSA

BTAD

ASSAM

PIN 781315 ASSTT. TEACHER NO 1121 SRIPUR DEOR L P SCHOOL.

5: BRAJA MOHAN DAS

S/O LATE HEM CH. DAS

R/O VILL. CHAMBARIKHUTI (BARIMUKH)

P.O. BARIMUKH

P.S. MUSHALPUR

DIST. BAKSA

BTAD

ASSAM

PIN 781315

ASSTT. TEACHER

NOWAPARA L.P. SCHOOL

VERSUS

THE STATE OF ASSAM AND 9 ORS

REPRESENTED BY THE COMMISSIONER AND SECY. DEPTT. OF

ELEMENTARY EDUCATION, DISPUR, GUWAHATI 06

2:THE COMMISSIONER AND SECY.

DEPTT. OF FINANCE

DISPUR

GUWAHATI 06

3:THE COMMISSIONER AND SECY.

WPT AND BC DEPTT.

DISPUR

GUWAHATI 06

4:THE BODOLAND TERRITORIAL COUNCIL

REPRESENTED BY THE SECY.

BTC

KOKRAJHAR.

5:THE PRINCIPAL SECY.

BODOLAND TERRITORIAL COUNCIL

KOKRAJHAR.

6:THE SECY.

DEPTT. OF EDUCATION BODOLAND TERRITORIAL COUNCIL

KOKRAJHAR.

7:THE DIRECTOR OF EDUCATION

BODOLAND TERRITORIAL COUNCIL. KOKRAJHAR.

8:THE DIST. ELEMENTARY EDUCATION OFFICER

MUSHALPUR

BAKSA

ASSAM.

9:THE BLOCK ELEMENTARY EDUCATION OFFICER

TIHU BARAMA BLOCK

BAKSA

ASSAM.

10:THE DEPUTY INSPECTOR OF SCHOOLS

TIHU BARAMA

BASKA

BTAD

ASSAM

Advocate for the Petitioner : MRS. K DEVI, N O POMONG,MR. A DEKA

Advocate for the Respondent : SC, BTC, SC, WPT AND BC,SC, EDU,SC, FINANCE

Linked Case : CRP/0/0

PRADIP KALITA

ASSAM

VERSUS

THE STATE OF ASSAM

ASSAM

------------

Advocate for : NANG OKTRA POMONG

Advocate for : appearing for THE STATE OF ASSAM

BEFORE

HONOURABLE MR. JUSTICE KALYAN RAI SURANA

HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

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ORDER

02.09.2026 (K. R. Surana, J) Heard Ms. K. Devi, learned counsel for the applicant. Also heard Mr. S.K. Talukdar, learned Standing Counsel for the Elementary Education Department representing respondent no.1; Mr. A. Chaliha, learned Standing Counsel for the Finance Department representing respondent no.2 and Mr. A. Benarji, learned counsel appearing on behalf of Mr. R. Dhar, learned Standing Counsel for the WPT and BC Department representing respondent no.3 and Mr. A. Atreya, learned Standing Counsel, BTC, representing respondent nos. 4 to 10.

2. By filing this interlocutory application under Section 5 of the Limitation Act of 1963, the applicant has prayed for condonation of a delay of 119 days beyond the period of limitation in filing the connected appeal.

3. The delay is explained by stating that the learned counsel for the applicant had to leave for her medical check-up and treatment. Upon her return in the first week of August, 2025, she was informed about the orders passed in the writ petition and accordingly, after obtaining instructions, the connected appeal has been filed.

4. Having heard the learned standing counsel for the appearing departments, the Court is of the considered opinion that the applicant had been able to show good and sufficient cause to explain the delay in filing the connected appeal. Accordingly, the said delay is hereby condoned.

5. The Registry shall register the connected appeal.

6. Accordingly, the present interlocutory application stands allowed and disposed of.

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