Page No.# 1/5 GAHC010108512023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2216/2024 SRI BHAKTA KUMAR BORA S/O NARESWAR BORA R/O VILL-GASARGURI P.O.-UDARI P.S.-MARIGAON DIST-MARIGOAN ASSAM PIN-782105 VERSUS KANTI KHATANIAR AND 7 ORS S/O LATE MADHAB KHATANIAR R/O VILL-DIGHOLBARI P.O.-DIGHOLBARI P.S.-MARIGAON DIST-MARIGAON ASSAM PIN-782105 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:THE DISTRICT SCRUTINY COMMITTEE REPRESENTED BY THE CHAIRMAN CUM THE DEPUTY COMMISSIONER MARIGAON DIST-MARIGAON ASSAM PIN-782105 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER MARIGAON Page No.# 2/5 DIST-MARIGAON ASSAM PIN-782105 5:THE BLOCK ELEMENTARY EDUCATION OFFICER BHURBANDHA EDUCATION BLOCK BHURBANDHA DIST-MARIGAON ASSAM PIN-782105 6:THE SCHOOL MANAGING COMMITTEE REPRESENTED BY THE PRESIDENT DIGHOLBARI GIRLS M.E. SCHOOL DIGHOLBARI P.O.-DIGHOLBARI P.S.-MARIGAON DIST- MARIGAON ASSAM PIN-782105 7:THE HEAD MASTER DIGHOLBARI GIRLS M.E. SCHOOL DIGHOLBARI P.O.-DIGHOLBARI P.S.-MARIGAON DIST-MARIGAON ASSAM PIN-782105 8:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-06 ------------ Advocate for : MR P BHARDWAJ Advocate for : MR. K R PATGIRI appearing for KANTI KHATANIAR AND 7 ORS Linked Case : WP(C)/2857/2023 KANTI KHATANIAR S/O LATE MADHAB KHATANIAR, R/O VILL-DIGHOLBARI, P.O.- DIGHOLBARI, P.S.-MARIGAON, DIST-MARIGAON, ASSAM, PIN-782105 Page No.# 3/5 VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI- 06 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:THE DISTRICT SCRUTINY COMMITTEE REPRESENTED BY THE CHAIRMAN CUM THE DEPUTY COMMISSIONER MARIGAON DIST-MARIGAON ASSAM PIN-782105 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER MARIGAON DIST-MARIGAON ASSAM PIN-782105 5:THE BLOCK ELEMENTARY EDUCATION OFFICER BHURBANDHA EDUCATION BLOCK BHURBANDHA DIST-MARIGAON ASSAM PIN-782105 6:THE SCHOOL MANAGING COMMITTEE REPRESENTED BY THE PRESIDENT DIGHOLBARI GIRLS M.E. SCHOOL DIGHOLBARI P.O.-DIGHOLBARI P.S.-MARIGAON DIST- MARIGAON ASSAM PIN-782105 7:THE HEAD MASTER DIGHOLBARI GIRLS M.E. SCHOOL DIGHOLBARI P.O.-DIGHOLBARI P.S.-MARIGAON DIST-MARIGAON Page No.# 4/5 ASSAM PIN-782105 8:SRI BHAKTA KUMAR BORA S/O NARESWAR BORA VILL-GASARGURI P.O.-UDARI P.S.-MARIGAON DIST-MARIGOAN ASSAM PIN-78210 Advocate for the Petitioner : MR. K R PATGIRI, MS. U HAZARIKA,MS CHITRALEKHA DAS Advocate for the Respondent : SC, ELEM. EDU, MS. B DEVI (r-8),MR P BHARDWAJ (r-8),GA, ASSAM BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 08.01.2025 Heard Mr. R. Bhardwaj, learned counsel for the applicant. Also heard Mr. K. R. Patgiri, learned counsel for the Opposite Party No. 1/writ petitioner. The present interlocutory application has been instituted, praying for vacation/modification/alteration of the observations passed by this Court vide order, dated 24.05.2023, in WP(c)2857/2023, to the extent that any action taken pursuant to the impugned order, dated 25.05.2022, shall be subject to the outcome of the said writ petition. A perusal of the said observation goes to reflect that this Court has not in any manner restrained the respondent authorities from implementing the decision so arrived at by the Director, Elementary Education Department, Assam, vide order, dated 25.05.2022. Page No.# 5/5 Accordingly, the respondent authorities are now required to proceed with the said decision in respect of the applicant, herein, in terms of the order, dated 25.05.2022. However, the provincialization of the applicant, herein, would be subject to the final orders that would be passed by this Court in the connected writ petition i.e. WP(c)2857/2023. With the above observations, the instant interlocutory application stands closed. JUDGE Comparing Assistant