GAUHATI HIGH COURT ISSUES ORDER ON RASHID AKAND V/S THE ASSAM STATE SCHOOL EDUCATION BOARD AND 5 ORS

GUWAHATI, India, March 18 -- Gauhati High Court issued the following order on March 17:

1. Heard Mr. K. N. Choudhury, the learned Senior Counsel assisted by Mr. D. J. Das, the learned counsel for the petitioner. Mr. D. K. Roy, the learned counsel appears on behalf of the respondent Nos.1, 2 & 5; Mr. N. Goswami, the learned counsel appears on behalf of the respondent No.3; Mr. T. Thakuria, the learned counsel appears on behalf of the respondent No.4.

2. The present writ petition has been filed by the petitioner challenging the order dated 20.11.2025 whereby the Secretary, Assam State School Education Board had cancelled the duplicate admit card, duplicate registration certificate and duplicate pass certificate issued to the petitioner. The learned Senior Counsel appearing on behalf of the petitioner submitted that the registration certificate, the admit card as well as the pass certificates which have been cancelled have been done behind the back of the petitioner without issuance of any notice, and as such, the said order dated 20.11.2025 cannot be sustained in law. The learned Senior Counsel therefore submitted that as the order dated 20.11.2025 had been passed behind the back of the petitioner, the impugned order is required to be interfered with.

3. This Court by an order dated 09.02.2026 sought for instructions from the Standing Counsel of the respondent Nos.1, 2 & 5 as to how the proceedings which led to the order dated 20.11.2025 was initiated and whether any notice was issued to the petitioner prior to the passing of the order dated 20.11.2025.

4. Mr. D. K. Roy, the learned counsel who appears on behalf of the respondent Nos.1, 2 & 5 with all fairness submitted that the said order dated 20.11.2025 was passed without issuing any notice to the petitioner.

5. Taking into account the above, it therefore appears that the order dated 20.11.2025 which has the effect of cancellation of the registration certificate, admit card as well as the pass certificate of the petitioner was issued behind the back of the petitioner, and as such, the same cannot be allowed to be sustained in the law.

6. This Court also finds it very pertinent to take note of that the allegations on which the instant writ petition stand is on the ground of violation of the principles of natural justice in as much as the order dated 20.11.2025 was passed without granting an opportunity of hearing to the petitioner.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=I1mmm2bl4r4EREhYK63KvxhJGZ75heh7OokzcwK56LHvgO6szRIrcHcKyfb%2BCAUA&caseno=WP(C)/599/2026&cCode=1&cino=GAHC010021062026&state_code=6&appFlag=)

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