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2025 DAILYLAW 11629 (GAU)

AHEDUL HUSSAIN v. THE STATE OF ASSAM AND 6 ORS

Review.Pet./85/2024 · 2025-08-27

N Unni Krishnan Nair

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/8 GAHC010090302024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Review.Pet./85/2024 AHEDUL HUSSAIN S/O- LATE ABDUL SAMAD, R/O- VILL.- AND P.O. RANGIA, WARD NO. 2 (KURIARA PATH) DIST. KAMRUP(R), ASSAM VERSUS THE STATE OF ASSAM AND 6 ORS NOTICE THROUGH THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR. 2:THE SECRETARY TO THE GOVT. OF ASSAM DEPTT OF SCHOOL EDUCATION DISPUR. 3:S. N. CHOUDHURY SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR. 4:DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GHY-19. 5:THE INSPECTOR OF SCHOOLS NDC NALBARI PIN- 781035. 6:MD. ABDUL KADIR S/O- LATE ISHAQUE ALI R/O- VILL.- GORGORI Page No.# 2/8 P.O. TENIPUKHURI DIST. NALBARI ASSAM PIN- 781367. 7:HEAD MASTER PASCHIM BANBHAG ANCHALIK HIGH SCHOOL NALBARI TINIPUKHURI VILL.- NARAYANGAON P.O. TINIPUKHURI P.S. GHAGRAPAR DIST NALBARI PIN- 781367 Advocate for the Petitioner : MS. J DEKA, MS. A TALUKDAR Advocate for the Respondent : SC, SEC. EDU., Linked Case : WP(C)/6786/2023 MD AHEDUL HUSSAIN S/O- LATE ABDUL SAMAD R/O- VILLAGE RANGIA WARD NO-2 (KURIARA PATH P.O AND P.S- RANGIA DIST- KAMRUP (R) ASSAM VERSUS THE STATE OF ASSAM AND 8 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF SCHOOL EDUCATION (SECONDARY) ASSAM DISPUR GUWAHATI-6. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM Page No.# 3/8 KAHILIPARA GUWAHATI-19. 3:THE INSPECTOR OF SCHOOLS NALBARI DISTRICT CIRCLE NALBARI ASSAM 4:MD. ABDUL KADIR S/O- ISAHAQUE ALI R/O- VILLAGE GORGORI P.O- TINIPUKHURI DIST- NALBARI ASSAM PIN-781367 5:THE HEADMASTER PASCHIM BANBHAG ANCHALIK HIGH SCHOOL VILL- NARAYAN GAON P.O- TINIPUKHURI DIST- NALBARI ASSAM PIN-781367 6:THE DIRECTOR OF VIGILANCE AND ANTI CORRUPTION ASSAM SRIMANTAPUR RUPNAGAR GUWAHATI-32 7:S.N CHOUDHURY SECRETARY GOVT. OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GHY-06 8:JAYANTA THAKURIA INSPECTOR OF SCHOOLS NALBARI ASSAM PIN-781335 Page No.# 4/8 9:RAMEN SARMA WORKING AS CLERK IN THE OFFICE OF THE INSPECTOR OF SCHOOLS NALBARI ASSAM PIN-781335 ------------ Advocate for : MS. A TALUKDAR Advocate for : SC SEC. EDU. appearing for THE STATE OF ASSAM AND 8 ORS Linked Case : WP(C)/6262/2022 MD. AHEDUL HUSSAIN S/O- LATE ABDUL SAMAD R/O- VILL. RANGIA WARD NO. 2 (KURIARA PATH) P.O. AND P.S. RANGIA DISTRICT- KAMRUP(R) ASSAM. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY COMMISSIONER AND SECRETARY EDUCATION (SECONDARY) DEPARTMENT/ DEPARTMENT OF SCHOOL EDUCATION ASSAM DISPUR GUWAHATI-6. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 781019. 3:THE INSPECTOR OF SCHOOLS NALBARI DISTRICT CIRCLE NALBARI ASSAM. Page No.# 5/8 4:MD. ABDUL KADIR S/O- ISAHAQUE ALI R/O- VILL. GORGORI P.O.- TINIPUKHURI DISTRICT- NALBARI ASSAM PIN- 781367. 5:THE HEADMASTER PASCHIM BANBHAG ANCHALIK HIGH SCHOOL VILL.- NARAYANGAON P.O.- TINIPUKHURI DISTRICT- NALBARI ASSAM PIN- 781367. 6:JAYANTA THAKURIA AES INSPECTOR OF SCHOOLS NALBARI DISTRICT CIRCLE NALBARI ASSAM PIN- 781335. ------------ Advocate for : MS. A TALUKDAR Advocate for : SC SEC. EDU. appearing for THE STATE OF ASSAM AND 5 ORS Linked Case : Cont.Cas(C)/782/2022 MD. AHEDUL HUSSAIN S/O- LATE ABDUL SAMAD R/O- VILLAGE RANGIA WARD NO-2 (KURIARA PATH) P.O AND P.S- RANGIA DIST- KAMRUP ASSAM VERSUS BIJOYA CHOUDHURY AND 3 ORS THE SECRETARY TO THE GOVT. OF ASSAM SECONDARY EDUCATION DEPTT. Page No.# 6/8 DISPUR GHY.-06. 2:S.N CHOUDHURY THE JOINT SECRETARY TO THE GOVT. OF ASSAM SECONDARY EDUCATION DEPTT. DISPUR GHY.-06. 3:MAMTA HOJAI THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 4:JAYANTA THAKURIA AES INSPECTOR OF SCHOOLS NALBARI DISTRICT CIRCLE NALBARI ASSAM PIN-781335 ------------ Advocate for : MS. A TALUKDAR Advocate for : SC SEC. EDU. appearing for BIJOYA CHOUDHURY AND 3 ORS BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 28/08/2025 Heard Ms. A Talukdar, learned counsel for the review petitioner and Mr. D Choudhury, learned counsel appearing for the respondent No. 6. 2. The present review petition has been instituted praying for review of the order dated 21.12.2023 passed by this Court in WP(C) No. 6211/2023. 3. The writ petition being WP(C) No. 6211/2023 was instituted by the respondent No. 6 in the present review petition, presenting a challenge to an order dated 16.08.2023, by which the Secretary Page No.# 7/8 to the Government of Assam, Department of School Education had rejected his claim for provincialisation of his service. Vide the order dated 16.08.2023, the respondents had rejected the claim of both the present review petitioner as well as the respondent No. 6, herein, for provincialisation of their services. 4. This Court vide order dated 21.12.2023, on noticing the reasons as assigned by the respondents for rejecting the case of the review petitioner, as well as that of the respondent No. 6, had required the respondent No. 6, herein, to institute a proceeding before the jurisdictional Educational Tribunal for a determination of the rights of the review petitioner, herein, as well as the respondent No. 6, herein, for provincialisation of their services. 5. Ms. A Talukdar, learned counsel for the review petitioner, at the outset, has stated that the order dated 21.12.2023, was so passed without affording an opportunity of hearing to the review petitioner and accordingly, on the said count itself, the order dated 21.12.2023 would mandate a review. 6. Ms. A Talukdar, learned counsel for the review petitioner, has further submitted that the proceedings directed to be instituted in the matter by the respondent No. 6, herein, by this Court vide order dated 21.12.2023 before the Educational Tribunal, has not been instituted till date. 7. Ms. Talukdar, learned counsel for the review petitioner further submits that being aggrieved by the order dated 16.08.2023 passed by the Secretary to the Government of Assam, Department of School Education, the review petitioner, herein, has also instituted a writ petition, being WP(C) No. 6786/2023. However, when the order dated 21.12.2023 was so passed, the said aspect of the matter was not brought to the notice of this Court, although, on the said date, the writ petition, being WP(C) No. 6786/2023 was pending disposal. 8. Mr. D Choudhury, learned counsel for the respondent No. 6, herein, has submitted that on account of the fact that WP(C) No. 6786/2023 was pending disposal, the respondent No. 6 had not instituted the proceedings before the jurisdictional Educational Tribunal. 9. In view of the above factual position as brought on record in the review petition and this Court having passed the order dated 21.12.2023, without affording an opportunity of hearing to the review petitioner and the order having been adversely affected his interest, there being a proceeding instituted by the review petitioner in the form of a writ petition, being WP(C) No. 6786/2023, which was pending disposal, on the day when the order dated 21.12.2023 was so passed, further no Page No.# 8/8 proceedings having been instituted by the respondent No. 6, herein, before the jurisdictional Educational Tribunal, this Court is of the considered view that the order dated 21.12.2023 would mandate to be reviewed and accordingly, the order dated 21.12.2023 stands recalled. 10. Registry to restore WP(C) No. 6211/2023 to its original file and to list the same along with WP(C) No. 6786/2023 and other connected matters after 2 (two) weeks, on a date to be fixed by it. JUDGE Comparing Assistant