Page No.# 1/3 GAHC010130512024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/344/2024 SHAHIDUL ISLAM AND ANR. S/O MOIN UDDIN AHMED VILL AND P.O. CHAKLA P.S. ABHAYAPURI DIST. BONGAIGAON, ASSAM PIN- 783384 CO-ORDINATOR OF C.K. COLLEGE D.EL.ED STUDY CENTRE, DIST. BONGAIGAON, ASSAM, PIN-783392 2: ABDUL MALEQUE S/O MOIN UDDIN AHMED VILL AND P.O. AMBARI P.S. ABHAYAPURI DIST. BONGAIGAON ASSAM PIN-783384 CO-ORDINATOR OF MUAMMA D.EL.ED STUDY CENTRE ABHAYAPURI DIST. BONGAIGAON ASSAM PIN-78338 VERSUS MANJIT BRAHMA ACS, SECRETARY TO THE GOVT. OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT, PIN-781006 Advocate for the Petitioner : MR. M U MAHMUD, MS. B CHETIA,MS. D BORA,MR S ISLAM,MRS. M SAIKIA,MR S H MAHMUD Advocate for the Respondent : MR S M T CHISTIE, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 30.09 .2026 Heard Mr. M.U. Mahmud, learned counsel for the petitioner. Also heard Mr. S.M.T. Chistie, learned counsel for the respondent. 2] In terms of the order dated 11.12.2023 passed in WP(C) No.5376/2022 the following directions were issued: “7. From the institute point of view and also from the point of view of the students who had undertaken the course offered by the petitioner institute, we do not see any infirmity or illegality in their conduct and the entire issue has arisen as because there was a decision of the respondent authorities to discontinue the scheme of operating the study centre. 8. If the further students were taken in during the period of confusion when the authorities themselves were not clear whether it is discontinued or not to discontinue and their intake was done prior to the clear instruction not to intake further students, we are of the view that the students have some legal right of their own to be given a positive recognition of the course that they may have undertaken. 8. The Secretary to Government of Assam in the Elementary Education Department to pass necessary order taking note of all the attending facts and circumstances within a period of two months from the date of receipt of certified copy of this order.” 3] Since the directions were not complied with this contempt petition has been filed. 4] Pursuant to issuance of notice, today when the matter is called up, the copy of the order passed by the Secretary to the Govt. of Assam, Department of Page No.# 3/3 School Education has been placed before the Court and by the said order dated 23.08.2024 the following findings and orders were issued: “Findings: Whereas it is seen that NCTE had accorded approval and permission for D.El.Ed. (ODL) for a period of 2 years. The said programme thereafter, as per Govt. Notification No. AEE.410/2016/16 dated 26-04-2017 was to be conducted for two(2) years with effect from 1" May, 2017. In terms of the Government Notification dated 26-04-2017 the programme was meant for only untrained in-service teachers. The aforementioned D.El.Ed.(ODL) programme was declared to be completed by Notification No. SCERT/ODL/77/2020/127 dated 6th May, 2020. As per available records there is no communication regarding extension of the 2 year D.El.Ed. (ODL) either from the NCTE or from the State Government nor is there any record of any decision of STE, ODL for extension of the OD programme. Order: Now thereof, in view of the facts and findings as recorded above and given the NCTE has not any accorded permission for extension of the D.EI.Ed. (ODL) course/programme beyond 2 years neither is there any prescription in the Government notification dated 26-4- 2017 for extension beyond 2 years, therefore no further extension can be given and it has been decided that D.El.Ed. ODL programme will not be conducted and no examination will be conducted for the left over trainees.” 5] Since the matter has been considered and the directions were complied with by the authority, this Court is not inclined to proceed with the matter. 6] This contempt petition is accordingly stand closed. 7] Notices issued, if any stands recalled. JUDGE Comparing Assistant