Page No.# 1/3 GAHC010041632025 2025:GAU-AS:3637 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1396/2025 RAHAMAT ALI SHEIKH S/O DARENG ALI, R/O VILL- TIPUKHURI, P.S.- ABHAYAPURI, P.S.- ABHAYAPURI, DIST- BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI- 06, ASSAM 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-06 ASSAM 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 ASSAM 4:THE STATE PUBLIC INFORMATION OFFICER AND DEPUTY DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 ASSAM 5:MOFIDUL ISLAM TALUKDAR S/O LATE SONA ULLAH TALUKDAR Page No.# 2/3 R/O VILL- CHAILABARI PT-I P.O.- KIRTANPARA S- MERECHAR DIST- BONGAIGAON ASSA Advocate for the Petitioner : MR. M K MISRA, MR. S RANA Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 28-03-2025 Heard Mr. MK Misra, learned counsel for the petitioner, who submits that in terms of the order dated 06.02.2023, passed in WP(C) 3847/2021, the respondent No. 5 [who was the petitioner in WP(C) 3847/2021] had been directed to file an Appeal before the State Scrutiny Committee within a period of 2 (two) weeks. Thereafter, the State Scrutiny Committee was to consider the said Appeal and pass an appropriate order after hearing the parties and till the Appeal was disposed of, the interim order dated 18.08.2021 passed in WP(C) 3847/2021 was to continue. 2. The petitioner’s counsel submits that till date the respondent No. 5 [who was the petitioner in WP(C) 3847/2021] has not filed an Appeal before the State Scrutiny Committee. As such, the interim order dated 18.08.2021 passed in WP(C) 3847/2021 is still continuing. He submits that for no fault of the writ petitioner herein, the interim order is continuing due to the inaction of the respondent No. 5. 3. On considering the above, this Court is of the view that the petitioner should approach the concerned Court which has passed the order dated 06.02.2023 in WP(C) 3847/2021 by way of a Misc. Case or a Review for clarification of the said order dated 06.02.2023, keeping in view the issue that has been raised herein. In the alternative, the petitioner could also have filed an appeal. However, this Court cannot go into the merits of a direction of a Co- Page No.# 3/3 ordinate Bench by way of this new writ petition. 4. Ms. N Phukan, learned counsel for the respondent Nos. 1, 3 & 4 and Ms. RM Barooah, learned counsel for the respondent No. 2 also submit that the petitioner should approach the concerned Court which passed the order or file an appeal. 5. At this stage, the petitioner’s counsel submits that he may be allowed to withdraw the writ petition, with liberty to approach the concerned co-ordinate Bench or file an appeal. 6. The prayer of the petitioner’s counsel is allowed. 7. The writ petition is dismissed as withdrawn, with liberty, as prayed for. JUDGE Comparing Assistant