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2025 DAILYLAW 7202 (GAU)

MRS. ANJALI AHMED v. THE STATE OF ASSAM AND 7 ORS

WP(C)/7282/2015 · 2025-03-19

Michael Zothankhuma

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010026422015 2025:GAU-AS:2988 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7282/2015 MRS. ANJALI AHMED W/O SAYED AHMED, VILL. and P.O. TUKRAPARA, P.S. CHAYGAON, DIST. KAMRUP RURAL, ASSAM, PIN 781136 VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE CHIEF SECY. TO THE GOVT. OF ASSAM, DISPUR, GHY-6 2:THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM EDUCATION SECONDARY DEPTT. DISPUR GUWAHATI 781006 3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI 781019 4:THE DEPUTY COMMISSIONER CUM CHAIRMAN OF THE DIST. SCRUTINY COMMITTEE FOR SECONDARY EDUCATION KAMRUP R AMINGAON DIST. KAMRUP R ASSAM Page No.# 2/4 GUWAHATI 31 5:THE INSPECTOR OF SCHOOLS KAMRUP DIST. CIRCLE AMINGAON GUWAHATI-31 6:THE GOVERNING BODY OF KALATOLI KATHMI ANCHALIK JUNIOR COLLEGE REPRESENTED BY ITS SECY. P.O. KALATOLI BAZAR DIST. KAMRUP R ASSAM PIN 781136 7:THE PRINCIPAL OF KALATOLI KATHMIN ANCHALIK JUNIOR COLLEGE P.O. KALATOLI BAZAR DIST. KAMRUP R ASSAM PIN 781136 8:MOFIDA KHATUN W/O NURUL ISLAM VILL. and P.O. TUKRAPARA DIST. KAMRUP R ASSAM PIN -78113 Advocate for the Petitioner : MR.M K CHOUDHURY, MR.D A KAIYUM,MR.A AHMED,MR.N BARUAH Advocate for the Respondent : MR.N N B CHOUDHURYR-8, SC, SECONDARY EDUCATION,GA, ASSAM,MR.M P CHOUDHURY(R-7),MRD P SAHU(R-8) BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 20-03-2025 No one appears for the petitioner on call. Page No.# 3/4 It is also noticed that no one had appeared for the petitioner on the last date also. Mr. U Sharma, learned counsel appears for the respondent Nos. 2 to 5; Mr. G Pegu, learned counsel appears for the respondent No. 1; Mr. NNB Choudhury, learned counsel appears for the respondent No. 8; while Mr. MP Choudhury, learned counsel appears for the respondent No. 7. No one appears for the respondent No. 6. The petitioner is aggrieved by the order dated 09.10.2015 issued by the Director, Secondary Education Department, Assam, by which the case of the petitioner for provincialisation of her service as per the provision of Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 (hereinafter referred to as the “2011 Act”), has been rejected. The petitioner is also aggrieved by the order of the Director of Secondary Education dated 18.11.2015, by which the service of the respondent No. 8 had been provincialised as Lecturer of Economics in Kalatoli Kathmi Anchalik Jr. College, Boko, Kamrup (Rural) under the 2011 Act. The 2011 Act has been struck down by the Division Bench of this Court in WP(C) 3190/2012, vide judgment and order dated 23.09.2016, as being ultra vires the Constitution. As the petitioner has prayed for provincialisation of her service under the 2011 Act, it prima facie appears that the prayer of the petitioner cannot be granted. However, as no one appears for the petitioner and as the case pertains to the year 2015, it appears that the petitioner is not interested in pursuing the Page No.# 4/4 matter any longer. Accordingly, the writ petition is dismissed for non- prosecution. JUDGE Comparing Assistant