BRIHASPATI BORO AND ANR. v. THE STATE OF ASSAM AND 4 ORS.
WP(C)/1663/2018 · 2026-03-11
N Unni Krishnan Nair
Writ Petition (Civil)body2018
DailyLaw.ai
[ 2018 DAILYLAW 1771 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2018 DAILYLAW 1771 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010053682018
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1663/2018 BRIHASPATI BORO AND ANR. S/O. LT. JANGHA RAM BORO, VILL. BAUKURIHA, P.O. TITKURI, P.S.
RANGIA, DIST. KAMRUP, ASSAM, PIN-781354 2: TARUN CH. BASUMATARY S/O. LT. GANGA RAM BASUMATARY VILL. BARKURIHA P.O. TITKURI P.S. RANGIA DIST. KAMRUP ASSAM PIN-78135 VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY, EDUCATION DEPARTMENT (ELEMENTARY), DISPUR, GUWAHATI-06. 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER KAMRUP ASSAM PIN-781031 4:DEPUTY INSPECTOR OF SCHOOLS RANGIA KAMRUP ASSAM PIN-781354
Page No.# 2/3 5:BLOCK ELEMENTARY EDUCATION OFFICER RANGIA PIN-78135 Advocate for the Petitioner : MR. A PAUL, MR. G C DAS,MR. J PAUL,MS. L WAJEEDA,MS. S KUMARI Advocate for the Respondent : SC, ELEM. EDU,
BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 12.03.2026 Heard Mr. A Paul, learned counsel for the petitioner. Also heard Mr. A Phukan, learned standing counsel, Department of Elementary Education, Assam, appearing for all the respondents. 2. Mr. A Paul, learned counsel for the petitioner prays that he be permitted to withdraw the present writ petition on the ground that the petitioners may have, in the meanwhile, be regularized in their services. 3. This Court has perused the materials available on record and finds that the school i.e. Haradutta M.E School, was provincialized, as per the instructions received by Mr. A Phukan, learned standing counsel, Department of Elementary Education, Assam, in the year 1977. The petitioner, admittedly, was engaged in the said School w.e.f 30.09.1997 by the School Managing Committee. It is a settled position of law that the Managing Committee of the School is not empowered to effect appointments on honorary basis and/or any other capacity after the school has been provincialized. However, considering the prayer made by Mr. A Paul, learned counsel for the petitioner, which he also submits, is on account of the fact that he has lost conduct with the petitioners, this Court permits Mr. A Paul, learned counsel for the petitioner to withdraw the present writ petition. Page No.# 3/3
4. The withdrawal of the present writ petition, however, would not affect the rights of the petitioner in the event, they have already been regularized in their services.
However, in the event the petitioners are not regularized in their services, no further liberty would be granted for raising the same issue before this Court. 5. With the above observations and directions, the present writ petition stands dismissed on withdrawal. JUDGE Comparing Assistant