Gauhati High Court
WP(C)/635/2026 of MD. SOPIQUL ISLAM Vs THE STATE OF ASSAM AND 5 ORS on 7 May 2026
GAHC010020062026 2026:GAU-AS:6344 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/635/2026 MD. SOPIQUL ISLAM S/O- LAL MIAH ANSARY, VILL- CHANDI PARA, P.O. AIRKATA, P.S. FAKIRGANJ, DIST- DHUBRI , ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
GAHC010020062026
2026:GAU-AS:6344
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/635/2026 MD. SOPIQUL ISLAM S/O- LAL MIAH ANSARY, VILL- CHANDI PARA, P.O. AIRKATA, P.S. FAKIRGANJ, DIST- DHUBRI , ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, SECONDARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI -06. 3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 19. 4:THE JOINT DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 19. 5:THE INSPECTOR OF SCHOOLS DDC DHUBRI P.O. DHUBRI DIST- DHUBRI ASSAM
PIN -783301. 6:THE PRINCIPAL HAMIDABAD H.S. SCHOOL HAMIDABAD P.O. FAKIRGANJ DIST- DHUBRI ASSAM PIN- 783330 Advocate for the Petitioner : MR. S ISLAM, J A MONDAL Advocate for the Respondent : SC, SEC. EDU., MR A HAWARI(R6),MR M CHOUDHURY(R6),MR H R A CHOUDHURY(R6),SC, FINANCE
BEFORE HON’BLE MR. JUSTICE NELSON SAILO O R D E R 08.05.2026 Heard Mr. S. Islam, learned counsel for the petitioner, Mr. U. Sharma, learned Standing Counsel for the Secondary Education Department and Mr. A. Hawari, learned counsel for the respondent No.6. Mr. U. Sharma, learned Standing Counsel submits that the affidavit of the Secondary Education Department (respondent No.5) was filed yesterday. However, it is seen that the same is not yet tagged to the record. Learned counsel for the petitioner has produced a copy of the said affidavit filed by the respondent No.5, which was received him. Upon considering the nature of grievance projected by the petitioner and the materials available on record, the writ petition is taken up for disposal at this stage.
2. It is the case of the petitioner that he is a Post Graduate Teacher in the subject of Political Science in Hamidabad Higher Secondary School in the district of Dhubri. While serving as such on account of certain mental ailment suffered by him, he submitted his resignation letter on 09.05.2024 before the Inspector of Schools, DDC, Dhubri. The petitioner subsequently recovered from his ailment and submitted an application on 06.03.2025 to permit him to join back his post. However, as his application was not considered, the petitioner filed this writ petition.
3. The respondent No.6, who is the Principal of the said school, in response to the writ petition, has filed an affidavit-in-opposition on 04.05.2026, wherein it is stated that the resignation application submitted by the petitioner addressed to the Inspector of Schools, DDC, Dhubri was forwarded to the said authority, but after filing of the writ petition, he has come to learn that the resignation application was not accepted by the said authority. The respondent No.6 has not denied about the ailment of the petitioner and his recovery and the fact that he had visited the school after recovery.
4. The respondent No.5 in its affidavit-in-opposition have also taken a similar stand and in fact the report of the Inspector of Schools, DDC, Dhubri submitted to the Director of Secondary Education, Assam vide letter dated 19.09.2025 is also enclosed, wherein it is stated that the resignation letter of the petitioner was not accepted by the Inspector of Schools, DDC, Dhubri and that no formal release order was issued by the Inspector of Schools, DDC, Dhubri. It was also indicated that the petitioner did not join the school after he had submitted his resignation letter and was awaiting acceptance of the resignation letter.
5. Considering the above, it clearly reveals that the resignation letter of the petitioner has not been accepted by the concerned authority and that the post in which he was working has also not been filled up.
6. Under the above circumstances, the writ petition is disposed of by directing the respondents concerned to consider the representation submitted by the petitioner on 06.03.2025 by which he has sought for reinstatement to his previous position by disregarding his resignation. Such consideration should be done within a period of two weeks from the date of receipt of a certified copy of this order.
7. The writ petition is accordingly disposed of.
8. Registry shall connect the affidavit-in-opposition filed by the respondent No.5 to the record.
JUDGE Comparing Assistant