Gauhati High Court
Pranati Devi vs The State Of Assam And 3 Ors on 20 August, 2021
Page No.# 1/4
GAHC010112232021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3851/2021
PRANATI DEVI
W/O MR. BIPIN NATH, R/O VILL-BALIKHUTI, P.O.-GHOTUA, PIN-784149,
DIST-SONITPUR, ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS
TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, EDUCATION SECONDARY DEPARTMENT,
DISPUR, GUWAHATI-06
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19
3:THE INSPECTOR OF SCHOOLS
SONITPUR DISTRICT CIRCLE
TEZPUR
ASSAM
PIN-781301
4:BISWAJIT BORO
S/O SRI KANAK CH. BORO
R/O VILL-MEGHAIATI
P.O.-ULUBARI
DIST-SONITPUR
ASSAM
PIN-78414
Advocate for the Petitioner : MR H TALUKDAR
Page No.# 2/4
Advocate for the Respondent : SC, SEC. EDU.
Linked Case : WP(C)/4987/2019
BISWAJIT BORO
S/O- SRI KANAK CH. BORO
R/O- VILL- MEGHAIATI
P.O. ULUBARI
DIST- SONITPUR
ASSAM
PIN- 784149
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
EDUCATION (SECONDARY) DEPTT.
DISPUR
GHY-6
2:THE STATE SELECTION BOARD
THROUGH THE CHAIRMAN
i.e. THE COMM. AND SECY. TO THE GOVT. OF ASSAM
EDUCATION (SECONDARY) DEPTT.
DISPUR
GHY-6
3:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GHY-19
4:THE INSPECTOR OF SCHOOLS
SONITPUR DISTRICT CIRCLE
TEZPUR ASSAM-784001
5:PRANATI DEVI
ASSTT. TEACHER OF JUGAL HIGH SCHOOL
VILL- BAMUNPUKHURI
P.O. GHOTUA
DIST- SONITPUR
ASSAM PIN- 784149
------------
Advocate for : MR. S C BISWAS
Advocate for : SC
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EDU appearing for THE STATE OF ASSAM AND 4 ORS.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
20.08.2021
Both the writ petitioner and the respondent No.4 herein had participated in
the selection process for appointment of a regular headmaster in the Jugal High
School in the Sonitpur district. This writ petition is instituted by the petitioner
Pranati Devi with the grievance that the result of the selection process has not
yet been declared and therefore, no further process for appointment of the
headmaster has been carried forward.
2. It was brought to our notice when the matter was taken up on 18.08.2021
that the respondent No.4 Biswajit Boro had instituted WP(C)No.4987/2019
wherein the provisions of Rule 14(2) of the Assam Secondary Education
(Provincialisation of Service) Rules, 2003 (For short, the Rules of 2003) has
been assailed.
3. Mr. SMT Chistie, learned counsel for the respondent Secondary Education
Department states that the issue as regards the validity of Rule 14(2) of the
Rules of 2003 had already been decided in WP(C)No.1580/2017 by the
judgment dated 16.08.2019.
4. Be that as it may, the respondents in the Secondary Education Department
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are taking the stand that the reliefs sought for in this writ petition for
declaration of the results cannot be granted as because of the pendency of
WP(C)No.4987/2019. WP(C)No.4987/2019 on the other hand, involves the
issue of validity of Rule 14(2) of the Rules of 2003 and it being a matter where
the provisions of a statutory rule has been assailed, it would be for the Division
Bench to take up such issue. Whether or not the validity of Rule 14(2) of the
Rules of 2003 had already been decided in another writ petition being
WP(C)No.1580/2017 and whether WP(C)No.4987/2019 would also be covered
by such a decision is the perogative of the Division Bench to decide upon.
5. Considering the matter in its entirety, the Registry is requested to place
WP(C)No.3851/2021 along with WP(C)No.4987/2019 before the Division Bench
for further consideration.
JUDGE
Comparing Assistant
