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2025 DAILYLAW 8130 (GAU)

JYOTIRMOY NATH v. THE STATE OF ASSAM AND 7 ORS

WP(C)/1368/2023 · 2025-02-26

Michael Zothankhuma

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010038932023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1368/2023 JYOTIRMOY NATH SON OF LATE JOYDEB NATH, SERVING AS ASSISTANT TEACHER OF BALESWAR HIGHER SECONDARY SCHOOL, JALALPUR, CACHAR, R/O- VILLAGE- KUSHIARKUL, P.O.- JALALPUR, P.S.- KATIGORAH, CACHAR, ASSAM, PIN- 788816. VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE ADDITIOAL SECRETARY TO THE GOVT. OF ASSAM EDUCATION (SECONDARY) DEPARTMENT DISPUR GUWAHATI-6. 3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI ASSAM PIN- 781019. 4:THE INSPECTOR OF SCHOOLS CACHAR DISTRICT CIRCLE Page No.# 2/4 SILCHAR ASSAM PIN- 788001. 5:THE NATIONAL COUNCIL OF TEACHER EDUCATION EASTERN REGIONAL COMMITTEE REPRESENTED BY ITS REGIONAL DIRECTOR 15 NILAKANDTHA NAGAR NAYAPALLI BHUBANESWAR ORRISA PIN- 751012. 6:MD. MUCHABBIR ALI S/O- TAHIR AIL R/O- NIZ KATIGORAH PART-I PO- GANGAPUR DIST.- CACHAR ASSAM PIN- 788804. 7:MD. MOFUR UDDIN S/O- LATE ABDUL GOFUR VILL AND PO- JOGODISHPUR DIST.- CACHAR ASSAM PIN- 788805. 8:THE SCHOOL SELECTION COMMITTEE TO BE REPRESENTED BY ITS PRESIDENT SMDC CUM CHAIRMAN OF BALESWAR HIGHER SECONDARY SCHOOL VILL.- KUSHIARKUL P.O- JALALPUR DIST.- CACHAR ASSAM Page No.# 3/4 PIN- 788816 Advocate for the Petitioner : MR. H BURAGOHAIN, MS A DEVI Advocate for the Respondent : SC, EDU, SC, N C T E,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 27.02.2025 Mr. H. Buragohain, learned counsel for the petitioner submits that in view of the disposal of W.A. No.415/2023 by the Division Bench of this Court, the petitioner’s case which is similar, no longer survives. The petitioner’s counsel thus submits that the writ petition can be closed as the petitioner’s prayer cannot be granted. 2. Mr. I. Alom, learned counsel appears for the NCTE, while Ms. P. Das, learned counsel appears for the Secondary Education Department. 3. On considering the fact that the present case is covered by the decision made in W.A. No.415/2023 (Muchabbir Ali Vs. The State of Assam and 6 Ors.), which was dismissed vide judgment and order dated 21.02.2024, the petitioner’s case does not survive any longer. However, keeping in view the fact that the earlier In-charge Principal (respondent No.7) has retired and as the said post has now been given to one Assistant Teacher on an In-charge basis, this Court directs the State respondents to consider the case of the petitioner, at the time of filling up the vacant post of Principal on regular basis, subject to the Page No.# 4/4 petitioner coming within the consideration zone. 4. The writ petition is accordingly closed. JUDGE Comparing Assistant