Page No.# 1/4 GAHC010017202025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/172/2025 DR. LAWANU BORDOLOI SHIKSHAN MAHABIDYALAYA, COLLEGE OF TEACHER EDUCATION, NAGAON, DIMORUGURI, P.O- ITACHALI, DIST- NAGAON, ASSAM, PIN-782003 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, DEPARTMENT OF SCHOOL ( ELEMENTARY) EDUCATION, DISPUR GUWAHATI-6 2:THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF ELEMENTARY EDUCATION DISPUR GUWAHATI-6 3:THE DIRECTOR SCERT ASSAM KAHILIPARA GUWAHATI-19. 4:THE ACCOUNTANT GENERAL (A AND E) TRINAYAN PATH KRISHNAPUR MAIDAMGAON Page No.# 2/4 BELTOLA GUWAHATI 781029 KAMRUP (M) ASSAM 5:DR. GOPAL KRISHNA BHARATI GOVERNMENT COLLEGE OF TEACHER EDUCATION KOKRAJHAR DIMORUGURI COLLEGE ROAD BAGANCHALI TENGAPARA DIST- KOKRAJHAR ASSAM PIN-783370 6:HEMANTA KUMAR TAMULY COLLEGE OF TEACHER EDUCATION MANGALDAI MAGISTRATE COLONY WARD NO-2 DIST- DARRANG ASSAM PIN-784125 7:DR. GAYOTRI CHANGKAKOTI GOVERNMENT BANIKANTA COLLEGE OF TEACHER EDUCATION IASE GUWAHATI LACHIT NAGAR DIST- KAMRUP METRO GUWAHATI-07 ASSAM PIN-781007 8:TAPAN KUMAR SHARMA S/O- LATE DINENDRA NATH SARMA R/O- GERIMARI NEAR LAW COLLEGE MANGALDAI PIN-784125 DIST- DARRANG ASSA Page No.# 3/4 Advocate for the Petitioner : MR BIMAL CHETRI, Advocate for the Respondent : SC, ELEM. EDU, SC, SCERT, ASSAM,SC, AG (A AND E),MR S DUTTA,MR P CHOUDHURY,MS P SAIKIA BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 29.01.2025 1. Heard Mr. B. Chetri, learned counsel for the applicant, who is the respondent no.5 in the main writ petition. The applicant’s counsel prays that the State Government authorities should be directed to consider the case of the applicant for promotion, against the vacant post of Principal in Government Shikshan Mahavidyalay (CTE), Nagaon, in terms of Section 6, 7 & 16 of the Assam State Council of Educational Research (CTEs IASEs) Service Order, 2020. The applicant’s counsel submits that the applicant is going to retire on 31.01.2025 and that this application under Article 226(2) of the Constitution should be allowed. 2. Mr. S Dutta, learned Senior Counsel appears for the writ petitioner assisted by Mr. P. Choudhury, learned counsel. Mr. B. Gogoi, learned counsel appears for the SCERT, Assam. They submit that this application under Article 226(2) of the Constitution is not maintainable, as the applicant is a resident of the area, which is within the jurisdiction of this Court. 3. I have perused the application and I am of the view that the application is Page No.# 4/4 not maintainable, in view of the fact that the writ petition has not been filed by the applicant and as such, she cannot make a prayer for promotion to the vacant post of Principal, on the basis of a writ petition filed by the writ petitioner, i.e. she cannot fire her gun from the shoulder of another person. 4. The application is accordingly dismissed. JUDGE Comparing Assistant