Page No.# 1/4 GAHC010011172020 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/536/2020 SANJIB DAS S/O- LATE SURJYA MOHAN DAS, R/O- VILL- DEKASUNDAR, P.O AND P.S- JAMUGURIHAT, DIST- SONITPUR, ASSAM, PIN- 784180 VERSUS THE STATE OF ASSAM AND 5 ORS THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, EDUCATION (HIGHER) DEPTT, DISPUR, GUWAHATI- 781006 2:THE DIRECTOR OF HIGHER EDUCATION KAHILIPARA GUWAHATI- 781019 3:THE GOVERNING BODY REP. BY THE PRESIDENT/ SECRETARY OF THE TYAGBIR HEM BARUAH COLLEGE JAMUGURIHAT DIST- SONITPUR ASSAM PIN- 784189 4:THE PRINCIPAL TYAGBIR HEM BARUAH COLLEGE JAMUGURIHAT DIST- SONITPUR ASSAM PIN- 784189 5:THE DISTRICT LEVEL SCRUTINY COMMITTEE REP. BY ITS CHAIRMAN TEZPUR Page No.# 2/4 DIST- SONITPUR ASSAM PIN- 784001 6:AJIT BHUYAN S/O- SRI SARAT RANJAN BHUYAN R/O- VILL- SANGIA MAJAR CHOWK P.O- SALAGURI JAMUGURIHAT DIST- SONITPUR ASSAM PIN- 78418 Advocate for the Petitioner : MR S DUTTA, MR. S DUTTA Advocate for the Respondent : SC, EDU, MR. H S BORAH(R-3,4),MR. P K MUNIR(R-3,4),MR. P HAZARIKA (R-3,4),GA, ASSAM,MR. N BORAH (R6),MR. K GOGOI, SC, HIGHER EDU DEPTT. (R-1,2) BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 04/06/2026 Heard Mr. S Dutta, learned Senior counsel assisted by Mr. S Dutta, learned counsel for the petitioner. Also heard Mr. S Das, learned Standing counsel, Higher Education Department, appearing for the respondent Nos. 1 & 2, Mr. P Hazarika, learned counsel, appearing for the respondent Nos. 3 & 4, Mr. M Chetia, learned counsel, appearing for the respondent No. 5 and Mr. N Borah, learned counsel, appearing for the respondent No. 6. 2. Mr. Dutta, learned Senior counsel for the petitioner, after having attempted to argue the matter at some length, in view of the deliberations that have taken place during the course of the hearing, submits that he be permitted to withdraw the present writ petition with liberty to move before the Page No.# 3/4 jurisdictional Educational Tribunal for establishing the right of the petitioner for having his services provincialised. 3. The prayer made by Mr. Dutta, learned Senior counsel for the petitioner is not objected to by the learned counsel for the respondents. 4. Accordingly, the petitioner is permitted to withdraw the present writ petition with liberty to approach the jurisdictional Tribunal. 5. In the event of the institution of any such proceeding before the Educational Tribunal, within a period of 1 (one) month from today, by the petitioner, question of delay arises, the learned Tribunal while considering the application for condonation of such delay, if any, shall consider the fact that the petitioner was bonafidely pursuing the matter before this Court. The application for condontion of delay be accordingly considered. 6. The petitioner, in the event of instituting the proceedings before the Educational Tribunal, shall implead therein, the College Authorities as well as the respondent No. 6, herein. 7. Mr. P Hazarika, learned counsel for the respondent Nos. 3 & 4 has submitted that an interim direction was passed by this Court in I.A. (Civil) No. 2683/2024, vide order dated 03.09.2024 to not oust the petitioner from his services in the college. Accordingly, he prays that the said order be vacated. 8. This Court has perused the records and finds that although, the I.A. (Civil) No. 2683/2024 was disposed of vide order dated 06.12.2024, this Court vide an order dated 06.12.2024 passed in the present proceedings, had directed that the direction not to oust the petitioner as passed in the said Interlocutory Page No.# 4/4 Application shall remain in force till further order of this Court. 9. The petitioner being permitted to withdraw the present writ petition with liberty to approach the jurisdictional Educational Tribunal for redressal of his grievances, this Court is of the considered view that the order dated 03.09.2024, as continued by this Court vide order dated 06.12.2024, need not be continued any further and the same stands vacated. 10. The petitioner is at liberty to file appropriate application before the Educational Tribunal for protection of his service. 11. The writ petition accordingly stands dismissed on withdrawal with liberty as prayed for. JUDGE Comparing Assistant