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2025 DAILYLAW 14479 (GAU)

MOUSUMI BHATTACHARJEE AND 4 ORS v. THE STATE OF ASSAM AND 4 ORS

WP(C)/4013/2024 · 2025-09-24

Nelson Sailo

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010131092024 2025:GAU-AS:13258 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4013/2024 MOUSUMI BHATTACHARJEE AND 4 ORS W/O ARUP CHAKRABORTY R/O AMIYO COMPLEX, FLAT NO. 3/D, 4TH FLOOR, 2ND LINK ROAD, SILCHAR-6, CACHAR, ASSAM, PIN-788126. 2: RINA YADAV D/O JAGANNATH GOALA R/O 2ND LINK ROAD LANE NO. 12 H/NO. 05 SILCHAR CACHAR ASSAM PIN-788006 3: MANNA KISHORE DAS S/O LATE RAJKUMAR DAS R/O 2ND LINK ROAD LANE NO. 13 H/NO. 10(A) P.O LINK ROAD SILCHAR CACHAR ASSAM PIN-788006 4: PAWAN KUMAR TEWARI S/O PYARILAL TEWARI R/O VILL AND P.O. NUTAN RAMNAGAR P.S. SONAI Page No.# 2/4 DIST. CACHAR ASSAM PIN-78126 5: RAMBABU GOALA S/O LATE LALJI GOALA R/O VILL- KHALKURI P.O.BINNAKANDI TEA ESTATE P.S. LAKHIPUR DIST. CACHAR ASSAM PIN- 7812 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI-781006 2:THE DEPUTY SECRETARY TO THE GOVERNMENT OF ASSAM SECONDARY EDUCATION DEPARTMENT DISPUR GUWAHATI-06. 3:THE DIRECOR OF SECONDARY EDUCATION KAHILIPARA GUWAHATI ASSAM GUWAHATI-781019 4:THE DEPUTY COMMISSIONER CACHAR CUM CHAIRPERSON DISTRICT SCRUTINY COMMITTEE CACHAR ASSAM 5:THE INSPECTOR OF SCHOOLS CACHAR DIS. CACHAR ASSAM Page No.# 3/4 PIN-78800 Advocate for the Petitioner : MR D C NATH, MR. M MONDAL Advocate for the Respondent : GA, ASSAM, SC, SEC. EDU. BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 25-09-2025 This writ petition has been filed for the 2nd time on the premise that the order passed by this Court in the earlier round of litigation on 25.07.2022 in WP(C) 4701/2022 requiring the petitioners to file an appeal under Section 14 of the Assam Education (Provincialization of Services of Teachers and Re-organization of Educational Institutions) Act, 2017 which has not been considered and disposed of. [2.] Ms. P Das, learned Standing Counsel, Secondary Education Department, however, has produced an order dated 11.12.2024 by which the appeal filed by the petitioners has been rejected. A copy of the same is being handed over to Mr. DC Nath, learned counsel for the petitioners. [3.] The learned counsel for the petitioners submits that under this circumstance, he may be allowed to withdraw the present writ petition with liberty to file afresh. [4.] Prayer is allowed. [5.] In view of above, the writ petition stands disposed of as withdrawn with Page No.# 4/4 liberty to file afresh, if so advised. [6.] Copy of the order dated 11.12.2024 is being retained in the records and marked as “X”. JUDGE Comparing Assistant