Gauhati High Court
MC/22/2026 of SHRI JIBAMONI KAKOTY Vs THE STATE OF ASSAM on 26 April 2026
GAHC010075262026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MC/22/2026 SHRI JIBAMONI KAKOTY VERSUS THE STATE OF ASSAM 2: THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM ELEMENTARY EDUCATION DEPARTMENT DISPUR GUWAHATI-6. 3: THE DIRECTOR
GAHC010075262026
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MC/22/2026
SHRI JIBAMONI KAKOTY
VERSUS
THE STATE OF ASSAM
2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
ELEMENTARY EDUCATION DEPARTMENT
DISPUR
GUWAHATI-6.
3:THE DIRECTOR
ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19
4:THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-6.
5:THE FINANCE COMMISSIONER
FINANCE DEPARTMENT
GOVT. OF ASSAM
DISPUR
GUWAHATI-6
Advocate for the Petitioner : MR B P SARMAH, B SAHA,MR. A GOSWAMI,MR D DAS,MR. C
CHAKRAVARTY,MR. R HAZARIKA,MR. S SARMA
Advocate for the Respondent : SC, ELEM. EDU, BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
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ORDER
27.04.2026 Heard Mr. C. Chakravarty, learning counsel appearing on behalf of the petitioner; also heard Ms. B. Deka, learned Standing Counsel appearing for the Elementary Education Department, Mr. B. Gogoi, learned Standing Counsel appearing for the Finance Department.
2. The present application has been filed for recalling the order dated 25.06.2025, passed in WP(C) No. 1640 of 2019, whereby the writ petition was dismissed on the ground for non-prosecution.
3. The learned counsel appearing on behalf of the petitioner submits that on account of circumstances beyond the control of the counsel appearing on behalf of the petitioner, the said counsel could not appear on 25.06.2025 and in that regard had also placed certain medical certificates.
4. Considering the above, it is the opinion of this Court that the petitioner has been able to make out the case for recalling the order dated 25.06.2025.
5. Accordingly, the instant application is allowed by recalling the order dated 25.06.2025, the writ petition being WP(C) No. 1640 of 2019 is restored to the file of this Court.
6. I.A. accordingly stands disposed of.
JUDGE
Comparing Assistant