Page No.# 1/4 GAHC010056362024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/871/2024 THE STATE OF ASSAM AND ORS TO BE REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION DEPARTMENT, DISPUR, GUWAHATI- 06 2: THE DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA GHY- 19. 3: THE INSPECTOR OF SCHOOLS NALBARI DIST. CIRCLE NALBARI P.O. and DIST.- NALBARI ASSAM VERSUS SAILENDRA NATH SARMA, S/O LATE NAGENDRA NATH SARMA, RESIDENT OF VILLAGE PORAKUCHI, PATHARUATOLA, PO KAMARKUCHI, PS AND DIST NALBARI, ASSAM 781347 2:THE HEADMASTER DHARANIDHAR VIDYAPEETH HIGH SCHOOL P.O.- CHATAMA DIST.- NALBARI ASSAM PIN- 781350 3:PHUKAN CHANDRA DAS S/O- DANDI RAM DAS Page No.# 2/4 R/O VILL.- DHURKUCH P.O.- CHATAMA DIST.- NALBARI PIN- 781350 Advocate for the Petitioner : MR. N J KHATANIAR, SC, EDU Advocate for the Respondent : MS. A TALUKDAR (R2), MR. U K GOSWAMI (R-1) Linked Case : SECRETARY OT THE GOV ASSAM EDUCATION SECRETARY OT THE GOV ASSAM EDUCATION DISPUR VERSUS SAILENDRA NATH SARMA AND ORS. B VILL PORAKUCHI PO KAMARKUCHI DIST NALBARI ------------ Advocate for : MR. N J KHATANIAR Advocate for : appearing for SAILENDRA NATH SARMA AND ORS. B BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 19.02.2025 (LANUSUNGKUM JAMIR, J) Heard Mr. N. J. Khataniar, learned Standing Counsel, Secondary Education Department for the applicants. Also heard Mr. U. K. Goswami, learned counsel appearing on behalf of the opposite party No. 1/writ petitioner. Page No.# 3/4 By this application, the applicants are praying for condonation of 949 (Nine Hundred and Forty Nine) days delay in preferring the connected writ appeal. It is the case of the applicants that after the Judgment and Order dated 22.01.2019 was passed by the learned Single Judge in WP(C)/3499/2014, a detailed report was received from the Directorate of Secondary Education on 18.12.2019 and the case of the opposite party No. 1 /writ petitioner was processed in the department. In the meantime, there was an out-break of COVID-19 pandemic and accordingly the process of examination and verification of the case of the opposite party No. 1/writ petitioner was delayed. On lifting of the restrictions imposed due to the COVID-19 pandemic, the matter was again processed and a decision was taken to seek the legal advice of the learned Advocate General. Accordingly, on receipt of the legal opinion of the learned Advocate General, the file was endorsed to the learned Standing Counsel of department to file an appeal and the appeal was filed on 14.09.2023 and in the meantime there was a delay of 949 (Nine Hundred Forty Nine) days in preferring the connected writ appeal. On a perusal of the cause shown at Paragraph- 4, 5 & 6 of the present application, we find that no sufficient explanation has been given particularly for the period 22.01.2019 up to 18.12.2019. This period was before the out-break of the COVID-19 pandemic. It is only stated at Paragraph 4 of the present application that after receipt of the Judgment and Order dated 22.01.2019, a detailed report was received from the Directorate on 18.12.2019. There is no proper or sufficient explanation given with regard to the period from 23.01.2019 to 17.12.2019. Further, after the COVID-19 pandemic no proper explanation is given in the present application. Therefore, we are of the considered opinion Page No.# 4/4 that in the absence of sufficient and proper explanation given in the present application the prayer for condonation cannot be allowed. Accordingly, the present I.A. stands dismissed. JUDGE JUDGE Comparing Assistant