Page No.# 1/3
GAHC010123072021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/184/2021
THE SCHOOL SELECTION COMMITTEE OF ABBAS ALI CHOUDHURY
MEMORIAL H.S SCHOOL
REP. BY MD. ABDUL LATIF, AGE 65 YEARS, THE PRESIDENT CUM
CHAIRPERSON OF THE SCHOOL MANAGEMENT AND DEVELOPMENT
COMMITTEE, VILL. AND P.O. BALAGAON, DIST. BARPETA, ASSAM, PIN-
781319.
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
DEPARTMENT OF SECONDARY EDUCATION, DISPUR, GUWAHATI, ASSAM,
PIN- 781006.
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI
ASSAM
PIN- 781019.
3:THE INSPECTOR OF SCHOOLS
BARPETA DISTRICT CIRCLE
BARPETA
ASSAM.
4:THE STATE SELECTION BOARD
(FOR SELECTION OF PRINCIPAL OF HIGHER SECONDARY SCHOOL)
REP. BY THE CHAIRPERSON CUM COMMISSIONER AND SECRETARY TO
THE GOVT. OF ASSAM
EDUCATION (SECONDARY) DEPARTMENT
DISPUR
GUWAHATI- 781006.
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5:MD. RAFIK AHMED
S/O- ISMAIL HUSSAIN
PRINCIPAL ABBAS ALI CHOUDHURY MEMORIAL HIGHER SECONDARY
SCHOOL
VILL. AND P.O. BALAGAON
DIST.- BARPETA
ASSAM
PIN- 781319
R/O- VILL.- RAJAKHAL
P.O. CHAPEBARI
DIST.- BARPETA
ASSAM
PIN- 781332.
6:MD. ABDUL AZIZ AHMED
S/O- LATE KASEM ALI
VILL.- CHANDMAMA PATHAR
P.O. CHANDMAMA
DIST.- BARPETA
ASSAM
PIN- 781332
Advocate for the Petitioner : MR. K N CHOUDHURY
Advocate for the Respondent : SC, SEC. EDU.
-B E F O R E -
HON'BLE THE CHIEF JUSTICE MR. SUDHANSHU DHULIA HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 01-09-2021 The matter is taken up through video conferencing. Heard Mr. K.N. Choudhury, learned senior counsel for the appellant. Also heard Ms. P. Chakraborty, learned standing counsel, Education (Secondary) Department, appearing for the respondent Nos.1 to 4 and Mr. H.R.A. Choudhury, learned senior counsel, appearing for the respondent No.6/writ petitioner.
This writ appeal has been filed challenging the judgment and order dated Page No.# 3/3 26.07.2021 passed by the learned Single Judge in WP(C) No.3208/2021.
Since it is an admitted fact that the present writ appellant, who was one of the respondents in the writ petition, was not heard in the writ proceeding, therefore, without going into the merits of the case, we dispose of the writ appeal and remand the matter back to the learned Single Judge with a request to hear the writ appellant (respondent No.5 in the writ petition) along with the respondent No.6/writ petitioner and other respondents.
Considering the fact that the respondent No.6/writ petitioner is going to retire from service after four months on attaining the age of superannuation, we request the learned Single Judge to re-hear and decide the matter as early as possible, for which the parties before this Court have given their assurance that they shall not seek any adjournment, unless extremely necessary. The matter is thus remanded before the learned Single Judge. Registry to notify an early date.
In view of the above, we set aside the judgment and order of the learned Single Judge dated 26.07.2021.
JUDGE CHIEF JUSTICE Comparing Assistant