DR SHEKHAR KANTI SARKAR vs THE STATE OF ASSAM AND 3 ORS Advocate - SC, EDU, ,FOR CAVEATOR,MR. S K MEDHI — WP(C)/2411/2026
Case under Constitution of India Section 226. Disposed: Contested--Disposed Of on 26th May 2026.
CNR: GAHC010088042026
e-Filing Number
05-05-2026
Filing Number
WP(C)/5013/2026
Filing Date
05-May-2026
Registration No
WP(C)/2411/2026
Registration Date
06-May-2026
Judge
Honourable Mrs. Justice Shamima Jahan
Coram
Honourable Mrs. Justice Shamima Jahan
Bench Type
Single Bench
Category
10020 - Other service matters with respect to Service of Teachers of Provincialized Schools. ( 20 )
Judicial Branch
Writ Section
Decision Date
26-May-2026
Nature of Disposal
Contested--Disposed Of
Last updated 29-May-2026
Acts & Sections
Petitioner(s)
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1.DR SHEKHAR KANTI SARKAR
Adv. MR. SURAJIT DUTTA,MS. I DAS,MS. I DAS, ,MS. I DAS
Respondent(s)
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1.THE STATE OF ASSAM AND 3 ORS Advocate - SC, EDU, ,FOR CAVEATOR,MR. S K MEDHI
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2.RABINDRANATH TAGORE UNIVERSITY
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3.THE VICE CHANCELLOR,
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4.DR SANDIP RATNA
Case History
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Case disposedDisposed
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26-May-2026
Honourable Mrs. Justice Shamima JahanView PDF
Case Summary: WP(C)/2411/2026 - Dr Shekhar Kanti Sarkar v. The State of Assam The Gauhati High Court dismissed the petitioner's writ petition challenging a memorandum of charges issued by Rabindranath Tagore University's Registrar. The court held that although the Registrar technically issued the charges, the decision originated from the Executive Council (the appointing authority) through formal resolutions, making the issuance valid and not ultra vires. The court rejected the petitioner's argument that only the Executive Council could issue charges, finding it too technical given that the Vice-Chancellor (Chairman of the Council) validly delegated authority under Section 54 of the 2017 Act, and relying on precedent that writ petitions cannot be filed against memoranda of charges alone. This case analysis is maintained by casestatus.in based on publicly available court records.
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26-May-2026
Motion
Honourable Mrs. Justice Shamima Jahan
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20-May-2026
Honourable Mrs. Justice Shamima JahanView PDF
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20-May-2026
First hearing
Initial hearing scheduled
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08-May-2026
Honourable Mr. Justice N. Unni Krishnan NairView PDF
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05-May-2026
Case filed
Registration No. WP(C)/2411/2026
Case Summary: WP(C)/2411/2026 - Dr Shekhar Kanti Sarkar v. The State of Assam The Gauhati High Court dismissed the petitioner's writ petition challenging a memorandum of charges issued by Rabindranath Tagore University's Registrar. The court held that although the Registrar technically issued the charges, the decision originated from the Executive Council (the appointing authority) through formal resolutions, making the issuance valid and not ultra vires. The court rejected the petitioner's argument that only the Executive Council could issue charges, finding it too technical given that the Vice-Chancellor (Chairman of the Council) validly delegated authority under Section 54 of the 2017 Act, and relying on precedent that writ petitions cannot be filed against memoranda of charges alone. This case analysis is maintained by casestatus.in based on publicly available court records.
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