Precedent

Gauhati High Court

WA/209/2024 of SHASANKA SEKHAR BORKOTOKY AND 5 ORS Vs THE STATE OF ASSAM AND 27 ORS on 23 August 2026

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GAHC010128222024 2026:GAU- AS:12065-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/209/2024 SHASANKA SEKHAR BORKOTOKY AND 5 ORS S/O LATE KRISHNA PRASAD BORKOTOKY RESIDENTIAL ADDRESS NEAR BORGURI KALI MANDIR, RANGAGORA ROAD, BORGURI,

GAHC010128222024

2026:GAU-

AS:12065-DB

THE GAUHATI HIGH COURT

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

Case No. : WA/209/2024

SHASANKA SEKHAR BORKOTOKY AND 5 ORS

S/O LATE KRISHNA PRASAD BORKOTOKY RESIDENTIAL ADDRESS NEAR

BORGURI KALI MANDIR, RANGAGORA ROAD, BORGURI, TINSUKIA, ASSAM PIN 786126

2: ANKUR JYOTI SARMAH

S/O RAMANI SARMA AGE 35 RESIDENTIAL ADDRESS HOUSE NO 01

NIZARA PATH

NARAKASUR

KAHILIPARA

GUWAHATI PIN 781019

3: ABHINABA PAUL

S/O AMRIT LAL PAUL AGE 36

RESIDENTIAL ADDRESS 2ND LINK ROAD

LANE NO 9

HOUSE NO 45

SILCHAR PIN 788066

4: SAIFUDDIN AHMED

S/O JOYNAL ABEDIN SK AGE 36 ADDRESS VILL SAGOLIA PART 2

P.O SAGOLIA

DIST DHUBRI PIN 783335

5: PALLAVI DAS

D/O PRAFULLA KUMAR DAS AGE 35 RESIDENTIAL ADDRESS HOUSE NO

4

GANESHGURI

HENGRABARI ROAD

KAMRUP(M)

ASSAM PIN 781006

6: HARUN AL RASHID MD. GHALIB

S/O IZZAT ALI KHAN RESIDENTIAL ADDRESS MAZID ROAD

AZAD NAGAR

NAGOAN

ASSAM PIN 78200

VERSUS

THE STATE OF ASSAM AND 27 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY, DEPARTMENT

OF HIGHER EDUCATION , GOVT. OF ASSAM, DISPUR GUWAHATI 781006

2:THE DIRECTOR OF TECHNICAL EDUCATION

DIRECTORATE OF TECHNICAL EDUCATION

KAHILIPARA

GUWAHATI 781019

ASSAM

3:THE ASSAM PUBLIC SERVICE COMMISSION

REPRESENTED BY ITS CHAIRMAN AND HAVING ITS OFFICE AT JAWAHAR

NAGAR

GUWAHATI 781022

ASSAM

4:KANGKAN KISHORE NATH

SON OF INDRA PRASAD NATH

RESIDENCE OF DAILY BAZAR AREA

P.O-JAMUNGURIHAT

P.S- JAMUNGURIHAT

DIST- SONITPUR

ASSAM

PIN-784180.

5:PLABAN BORA

SON OF INDRA PRASAD NATH

RESIDENCE OF - DAILY BAZAAR AREAM

P.O- JAMUGURIHAT

P.S- JAMUGURIHAT

DIST- SONITPUR

ASSAM

PIN- 784180.

6:MANIPUSPAK HAZARIKA

SON OF BALIN CHANDRA HAZARIKA

RESIDENCE OF NABAPUR MAZGAON

P.O- TEZPUR

P.S- TEZPUR

DIST- SONITPUR

ASSAM

PIN-784001.

7:BISWAJIT SHYAM

SON OF MR. LALIT SHYAM

RESIDENCE OF OUGURI SHYAM VILLAGE

P.O-OUGURI SHYAM

P.S- SONARI

DIST- CHARAIDEO

ASSAM

PIN-785692.

8:DHRUBA JYOTI SARMA

SON OF BABUL CH SARMA

RESIDENCE OF TIHU

DIST- NALBARI

PIN-781371

ASSAM.

9:ARNOB BORMUDOI

SON OF DR. ANANDA BORMUDOI

RESIDENCE OF -9Q PIYA TOWERS

RADHANAGAR

VIP ROAD

P.O- KHANAPARA

KAMRUP (R) PIN-781022

ASSAM.

10:SUJAN SINHA

SON OF PARAN SENA SINHA

RESIDENCE OF RAJIB NAGAR

P.O- KAHILIPARA

P.S- DISPUR

DIST- KAMRUP (M)

PIN-781019

ASSAM.

11:PRERONA GOGOI

DAUGHTER OF JUGA JIBAN GOGOI

RESIDENCE OF JAYANAGAR

TIPLING ROAD

DULIAJAN

P.O AND P.S- DULIAJAN

DIST- DIBRUGARH

PIN- 786602

ASSAM.

12:KASTURI GOGOI

DAUGHTER OF PRASHANTA GOGOI

R/O TENGAKHAT

P.O AND P.S- TENGAKHAT

DIST- DIBRUGARH

PIN-786103

ASSAM.

13:HIMANGSHU JYOTI GOGOI

SON OF BIREN GOGOI

R/O- TARAJAN GAYANGAON

P.O

P.S AND DIST- JORHAT

PIN-785001

ASSAM

14:JINTI HAZARIKA

SON OF PRASANTA HAZARIKA

R/O- TILOINAGAR MORAN P.O- TILOINAGAR

P.S- MORAN

DIST- DIBRUGARH

ASSAM

PIN-785675.

15:ANUPAL BARUAH

SON OF JITENDRA NATH BARUAH

RESIDENCE OF JORHAT

P.O AND DIST- JORHAT

PIN-785001

ASSAM.

16:PANKAJ BORUAH

SON OF TULON CHANDRA BORUAH

RESIDENCE OF BORDOLONI VILLAGE

P.O- SENCHOWA PUKHURI

DIST- DIBRUGARH

PIN-785675

17:DEBAJIT SARMA

SON OF DEBENDRA NATH SARMA

RESIDENCE OF KRISHNA NAGAR PATHSALA

P.O AND P.S- PATHSALA

DIST- BAJALI

PIN- 781325

ASSAM.

18:UDANGSHREE BORO

SON OF GOJEN CHANDRA BORO

RESIDENCE OF KUMURMARI

P.O AND P.S- DHALIGAON

DIST- CHIRANG BTR

PIN-783385.

19:AMATYA BHARADWAJ

SON OF SRI APURBA SARMA

RESIDENCE OF TARUN NAGAR BYE LANE NO.1

HOUSE NO 24

DISTRICT- KAMRUP

GUWAHATI-781005.

20:ARUNIMA DUTTA

DAUGHTER OF SATYEN DUTTA

HOUSE NO 150

NAMGHAR PATH HENGRABARI (NEAR NABAJYOTI CLUB)

P.O- HENGRABARI

P.S- DISPUR

PIN-781036

GUWAHATI

ASSAM.

21:SURAJIT DAS

SON OF DIMBESWAR DAS

VILLAGE AND P.O- NITYANANDA

P.S- PATACHARKUCHI

PIN-781329

DIST- BAJALI

ASSAM.

22:BIPUL KUMAR TALUKDAR

SON OF HARENDRA TALUKDAR

RESIDENCE OF VILLAGE BARGOAN HATIPARA

P.O- TIHU

P.S- TIHU

PIN-781371

ASSAM.

23:PRAN JYOTI SAIKIA

SON OF ATUL SAIKIA

SHYAMKALIA RAIDONGIA

P.O- AIBHETI

P.S- JAJORI

PIN- 782002

DIST- NAGAON

ASSAM.

24:NITISH BHARDWAJ

SON OF DEBEN BORDOLOI

FATE NO B5A

PRALAY RESIDENCY SB HOUSING TRIPURA ROAD JAYANAGAR

BELTOLA

P.O AND P.S- DISPUR

PIN-781028

GUWAHATI

KAMRUP (M)

ASSAM.

25:NILAVJYOTI SARMAH

SON OF JAGADISH CHANDRA SARMAH

FLAT NO. 1/B

NARAYANI NIVAS

GOPAL THAN

JALUKBARI P.O- MALIGAON

P.S- JALUKBARI

PIN-781011

GUWAHATI

ASSAM.

26:REKIB UDDIN AHMED

SON OF JAHAN UDDIN AHMED

MALAYA NAGAR

JANAPATH NO.1

NEAR AEC HOTEL NO. 3

P.O AND P.S-JALUKBARI

PIN-781013

KAMRUP (M)

ASSAM.

27:MUNMI DUTTA

DAUGHTER OF HAREN CHANDRA DUTTA

CHANDAN NAGAR NEAR BYLANE-18 P.O-JORHAT

P.S- LICHUBARI

PIN-785001

JORHAT

ASSAM.

28:AMLAN JYOTI DAS

SON OF NIRANJAN DAS

HOUSE NO 1883

NEAR ABHAYAPURI

P.S- WARD NO 3

ABHAYAPURI MAIN ROAD

ABHAYAPURI

DIST- BONGAIGAON

PIN-783384

ASSAM

Advocate for the Petitioner : -,

Advocate for the Respondent : SC, HIGHER EDU, SC, APSC

BEFORE

HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

HONOURABLE MR. JUSTICE ANJAN MONI KALITA

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ORDER

Date : 24/08/2026 (Michael Zothankhuma, J)

1. No one appears for the appellants. Mr. T.J. Mahanta, learned senior counsel appears for the respondent no. 3. He submits that the appellants have not been represented on the last 3 (three) consecutive dates.

2. On perusing the orders passed by this Court, we find that the earlier counsel had given a “No Objection Certificate” to the appellants to engage new counsels, whereupon he had asked for deletion of his name as a counsel representing the appellants, which is reflected in the order dated 19/11/2025.

3. Subsequent to the above order dated 19/11/2025, no one has appeared for the appellants. Thereafter, the case had been listed 4(four) times and today is the 5th time, the case has been listed, wherein there is no representation for the appellants.

4. On 02/03/2026, this Court had recorded as follows :- “It appears that at the request of the learned counsel for the appellants, his name was expunged from the list of Advocates appearing in the matter. However, we find that no lawyer has filed Vakalatnama uptil now to represent the appellants. In order to enable the appellants to be represented through an Advocate, the matter is adjourned to 27.03.2026.”

5. On 27/03/2026, the following order was passed :- “Giving one more opportunity to the appellants to engage an Advocate, as the earlier Advocate on record has recused himself from appearing in the matter, the case is adjourned to 08.06.2026.”

6. On the last date, i.e. 08/06/2026, the matter had been adjourned.

7. On considering the above facts, we are of the view that the appellants are not interested in pursuing the matter. The appeal is accordingly dismissed for non-prosecution.

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