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2025 DAILYLAW 22559 (GAU)

HUMEN GOGOI v. THE STATE OF ASSAM AND 3 ORS.

WA/466/2023 · 2025-05-21

Kardak Ete

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010287462023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/466/2023 HUMEN GOGOI S/O- JITUMONI GOGOI, VILLAGE- DEOGHARIA, P.O- BENGENAGARH, P.S- DHEMAJI, DIST- DHEMAJI, ASSAM, PIN-787058 VERSUS THE STATE OF ASSAM AND 3 ORS. REP. BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI-06 2:THE DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE INSPECTOR OF SCHOOLS LAKHIMPUR DISTRICT CIRCLE LAKHIMPUR PIN-787001 4:DILIP KUMAR BHARALUA EX OFFICIO HEADMASTER OF TAMARGAON TRIBAL HIGH SCHOOL DIST-LAKHIMPUR PIN-78700 For petitioner/appellant(s) : Mr. A. Deka, Advocate Page No.# 2/3 For respondent(s) : Mrs. K. Devi, Advocate Mr. R. Mazumder, Advocate – BEFORE – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE KARDAK ETE 22.05.2025 (Vijay Bishnoi, CJ) This writ appeal is preferred by the appellant being aggrieved with the judgment dated 12.12.2023, passed by the learned Single Judge in WP(C) 4657/2023. The appellant has preferred the said writ petition challenging the order dated 05.08.2023, issued by the Director of Secondary Education, Assam, by which, the temporary appointment of the appellant as In-Charge Headmaster of Tamar Gaon Tribal High School in the district of Lakhimpur, was altered and the respondent No.4 in the writ petition as well as in this writ appeal was allowed to hold the charge of the post of Headmaster of the said school. Learned counsel for the appellant has submitted that after passing of the order dated 12.12.2023, the respondent No.4, to whom the charge of the Headmaster of the concerned school was given, is superannuated in the month of April, 2024. Taking into consideration the fact that the respondent No.4, who was given the charge of the Headmaster of the concerned school has already been retired, we are not inclined to interfere with the impugned judgment dated 12.12.2023. However, any question of law raised by the appellant in this writ appeal is kept open to be decided in appropriate case. Page No.# 3/3 With these observations, the writ appeal is disposed of. JUDGE CHIEF JUSTICE Comparing Assistant