Page No.# 1/4 GAHC010115082024 2025:GAU-AS:160 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MC/42/2024 AHAMMAD ALI ADVOCATE GAUHATI HIGH COURT, S/O WAHIDUR RAHMAN, R/O VILL. PUB KAMARA PARA, P.O. GHANSIMAI, DISTRICT DARRANG, ASSAM VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, TRANSPORT DEPARTMENT, DISPUR GUWAHATI 06 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM GUWAHATI- 19 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER DARRANG MONGOLDOI ASSAM 4:THE BLOCK ELEMENTARY EDUCATION OFFICER DALGAON DARRANG ASSAM 5:THE DEPUTY COMMISSIONER DARRANG MANGOLDOI ASSAM 6:THE CIRCLE OFFICER OF DALGAON REVENUE CIRCLE DALGAON DARRANG Page No.# 2/4 ASSAM 7:MD. OSMAN GONI HEAD MASTER CUM SECRETARY OF BADLICHAR L P SCHOOL S/O- MD. AZIMUDDIN AHMED R/O- VILL- BADLICHAR P.O- DALGAON P.S- SHYAMPUR DIST- DARRANG ASSAM PIN Advocate for the Petitioner : MR A ALI, MS. M KHATUN Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM Linked Case : WP(C)/4982/2017 AKKABAR ALI MEMBER OF BADLICHAR EID GAH COMMITTEE JAMME MASJID COMMITTEE CHUPAHI MUKTAB COMMITTEE S/O- LATE SYED ALI R/O- VILL- BADLICHAR P.O- DALGAON P.S- SHYAMPUR DIST- DARRANG ASSAM VERSUS THE STATE OF ASSAM AND 6 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM EDUCATIONELEMENTARY DEPARTMENT DISPUR GUWAHATI- 06 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM GUWAHATI- 19 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER DARRANG MONGOLDOI ASSAM 4:THE BLOCK ELEMENTARY EDUCATION OFFICER DALGAON Page No.# 3/4 DARRANG ASSAM 5:THE DEPUTY COMMISSIONER DARRANG MANGOLDOI ASSAM 6:THE CIRCLE OFFICER OF DALGAON REVENUE CIRCLE DALGAON DARRANG ASSAM 7:MD. OSMAN GONI HEAD MASTER CUM SECRETARY OF BADLICHAR L P SCHOOL S/O- MD. AZIMUDDIN AHMED R/O- VILL- BADLICHAR P.O- DALGAON P.S- SHYAMPUR DIST- DARRANG ASSAM PIN- ------------ Advocate for : MS.M KHATUN Advocate for : MR.A AHMEDR-7 appearing for THE STATE OF ASSAM AND 6 ORS BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date :06.01.2025 Heard Mr. A. Ali, learned counsel for the applicant. Also heard Mr. B. Talukdar, learned standing counsel, Elementary Education Department, and Mr. B. Deuri, learned Government Advocate, appearing on behalf of their respective respondents. However, none has entered appearance on behalf of the Opposite Party No. 7 despite service of notice effected by way of dasti mode by the applicant. Page No.# 4/4 The present application has been so filed praying for recall of the order, dated 26.04.2024, by which the connected writ petition being WP(c)4982/2017, was dismissed for non-prosecution. This Court has also perused the averments made in the instant misc. case and also considered the submissions advanced by the learned counsel for the applicant. On perusal of the materials available on record and also on hearing the learned counsels appearing for the parties to the proceeding; this Court is of the considered view that there is no deliberate and/or intentional design on the part of the applicant/writ petitioner in not appearing before this Court when the matter was so taken-up on 26th of April, 2024. Accordingly, this Court is of the considered view that the connected writ petition would be required to be considered on merits. The order, dated 26.04.2024, passed in WP(c)4982/2017, is recalled, restoring the said writ petition to its file. The misc. case, accordingly, stands closed. Registry to restore the aforesaid writ petition being WP(c)4982/2017 to file and list it after 2 weeks on a date to be fixed by it. JUDGE Comparing Assistant