Page No.# 1/4 GAHC010067442024 2025:GAU-AS:7872 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Review.Pet./65/2024 JEUTI THAKURIA W/O SRI KHANIN TALUKDAR, VILLAGE PATHSALA, PRAGATI NAGAR, PO AND PS PATHSALA, DIST BARPETA, ASSAM VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SECONDARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI 06 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI 19 3:THE PRINCIPAL CHANDRA NATH HIGHER SECONDARY SCHOOL SONITPUR ASSA Advocate for the Petitioner : MS. S BORA, MS S DAS,MS N DEVI,MR. H KALITA,MR. R GOSWAMI,MR. P BORAH Advocate for the Respondent : GA, ASSAM, MS. U NANDA(R-3),MR. S C BISWAS (R-3),MS. J GHOSH(R-3),SC, SEC. EDU. Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 16-06-2025 Heard Mr. R. Goswami, learned counsel for the review petitioner and Mr. N. J. Khataniar, learned Standing Counsel, Education Department for the respondent Nos. 1 and 2. Also heard Ms. K. L. R. Yanthan, learned counsel for the respondent No.3. 2. This review petition has been filed by the petitioner seeking review of the order dated 17.08.2023, passed by this Court in the connected WP(C) No. 7913/2019. 3. The petitioner contended that in the order dated 17.08.2023, passed in WP(C) No. 7913/2019, the Court at paragraphs-21 observed as follows:- 21. Considering the above and the non-submission of the requisite transfer Format ‘A’ for inter-district transfer of the petitioner pursuant to the order dated 10.05.2016 issued by the Director of Secondary Education, Assam in compliance of the order dated 02.03.2016 passed by the Court earlier in WP(C) No. 3811/2014, the prayer of the petitioner for a direction to the respondents in the Secondary Education Department of the State for her transfer from C.N.S. H.S. School, Sonitpur to Palhazi H.S. School, Barpeta cannot be considered, as the petitioner did not submit the requisite transfer Format ‘A’ for her such inter-district transfer. 4. Further, the petitioner stated that she had already submitted the said format ‘A’ before the respondent authorities on 23.05.2016 with due seal and signature of the Principal of Palhazi Higher Secondary School, Barpeta, counter signed by the Inspector of Schools, Barpeta District Circle, Barpeta. But inadvertently, the learned counsel could not bring on record the said fact at the time of hearing of the said WP(C) No. 7913/2019. 5. In that regard, the petitioner have annexed the format ‘A’ submitted on 23.05.2016, noted above. 6. From the said format ‘A’, it is seen that duly signed application in format ‘A’ endorsed by the Principal of Palhazi Higher Secondary School, Barpeta, counter signed by the Inspector of Schools, Barpeta District Circle, Barpeta on 23.05.2016 was placed before the authorities concerned. Page No.# 3/4 7. It is seen from the records of the case relating to WP(C) No. 601/2017, that was preferred by the petitioner that its respondent No.3, the Principal of Chandra Nath Sarma (CNS) Higher Secondary School, Pithakhowa, Sonitpur on 28.05.2018 filed an affidavit stating that the then Principal of said CNS HS School, Smti. Minakshi Goswami submitted the transfer format of the present petitioner that was duly singed and recommended by the Principal and School Managing Committee of said CNS HS School, Pithakhowa along with said affidavit of the Principal of CNS HS School, the respondent No.3 filed on 28.05.2018 in said WP(C) No. 601/2017, the forwarding letter of the said Principal with complete format duly singed by the petitioner, counter singed by the Principal, CNS HS School, Pithakhowa, Sonitpur as well as singed by the President of the School Management and Development Committee of said CNS HS School, further counter singed by the Inspector of Schools, Sonitpur District Circle, Tezpur dated 24.02.2017 was found to be annexed. 8. It is also seen from the said affidavit of the Principal of said CNS HS School, Pithakhowa dated 28.05.2018 filed in WP(C) No. 601/2017 that the Inspector of Schools, Sonitpur District Circle, Tezpur by letter No.Esstt.4/TR/2004/296 dated 24.02.2017 submitted the transfer format of the petitioner, Subject Teacher of Economics in said CNS HS School, Pithakhowa to the Director of Secondary Education, Assam. 9. The said fact was also a part of the order dated 31.05.2018, passed in WP(C) No. 601/2017 by this Court. 10. As such both the format ‘A’ signed by the Principal of CNS HS School, counter singed by the Inspector of Schools, Sonitpur District Circle, Tezpur as well as the format ‘A’ signed by the Principal of Palhazi HS School, counter signed by the Inspector of Schools, Barpeta District Circle, Barpeta have been submitted by the petitioner for her inter district transfer from Chandra Nath Sarma (CNS) Higher Secondary School, Pithakhowa, Sonitpur under the Inspector of Schools, Sonitpur District Circle, Tezpur to Palhazi Higher Secondary School, Barpeta, under the Inspector of Schools, Barpeta District Circle, Barpeta were duly submitted. 11. As such, it is found that the observation made at paragraph-21 in the order dated 17.08.2023, passed in WP(C) No. 7913/2019 is not correct and that the requisite transfer format ‘A’ for the inter district transfer of the petitioner, as noted above, that it was already Page No.# 4/4 submitted by the Inspector of Schools, Sonitpur District Circle, Tezpur, which was duly signed by the petitioner, the Principal of Chandra Nath Sarma Higher Secondary School, Pithakhowa, Sonitpur as well as by the President of the School Management and Development Committee of said CNS HS School, counter signed by the Inspector of Schools, Sonitpur District Circle, Tezpur on 24.02.2017 that was forwarded to the Director of Secondary Education, Assam on 24.02.2017 itself. 12. Similarly, the requisite transfer format ‘A’ for the inter district transfer of the petitioner, as noted above, that was already submitted by the Inspector of Schools, Barpeta District Circle, Barpeta, which was duly signed by the petitioner, the Principal of Palhazi HS School as well as by the President of the School Management and Development Committee of said Palhazi HS School, counter signed by the Inspector of Schools, Barpeta District Circle, Barpeta on 23.05.2016 was forwarded to the Director of Secondary Education, Assam. 13. For the reasons above, the order dated 17.08.2023, passed by this Court in WP(C) No. 7913/2019 is hereby found to be incorrect and thus, reviewed and recalled. 14. Accordingly the connected WP(C) No. 7913/2019 that was dismissed by order dated 17.08.2023 is hereby reviewed and recalled and the said WP(C) No. 7913/2019 is restored to the file. 15. Registry shall list the connected WP(C) No. 7913/2019 before the appropriate Bench for its necessary consideration. 16. With the above observations and directions, this review petition stands disposed of. JUDGE Comparing Assistant