Mrs. Saleha Begum vs The State Of Assam And 3 Ors
2021 Latest Caselaw 25 Gua

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GAHC010116612016




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : WP(C)/4819/2016

            MRS. SALEHA BEGUM
            W/O- MUSTAFA SHOHIDUL ISLAM, R/O VILL. and P.O.- MOIRABARI, DIST.-
            MORIGAON, ASSAM.



            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            TO BE REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM,
            EDUCATION SEC. DEPTT., DISPUR, GHY- 6.

            2:THE DIRECTOR
             SECONDARY EDUCATION
            ASSAM
             KAHILIPARA
             GHY- 19.

            3:THE DIST. SCRUTINY COMMITTEE
             MORIGAON
            TO BE REP. BY ITS CHAIRMAN -CUM- DY. COMMISSIONER
             MORIGAON
             DIST.- MORIGAON
            ASSAM.

            4:THE GOVERNING BODY OF H.A.M. JUNIOR GIRLS COLLEGE
            TO BE REP. BY ITS PRESIDENT
             P.O.- MOIRABARI
             DIST.- MORIGAON
            ASSAM

Advocate for the Petitioner   : MR.M A I HUSSAIN

Advocate for the Respondent : GA, ASSAM

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BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

05/01/2021

Heard Mr. A R Bhuyan, learned counsel for the petitioner. Also heard Mr. R Mazumdar, learned Standing counsel, Secondary Education Department for the respondent Nos. 1 & 2 and Mr. B Deori, learned Government Advocate, Assam for the respondent No. 3.

Matter relates to appointment of Principal in H.A.M. Junior Girls' College, Moirabari, District- Morigaon, a Venture Educational Institution.

In this writ petition, the petitioner has prayed for her appointment as the Principal of the said junior college under the provisions of the Assam Venture Educational Institution (Provincialisation of Services) Act, 2011 as amended in 2012.

It is to be noted herein that the said 2011 Act is no longer in force as a Division Bench of this Court vide judgment and order dated 23.09.2016 passed in WP(C) No. 3190/2012 ( Chandan Kumar Neog Vs. State of Assam and others ) have already held the same to be unconstitutional and ultra- vires.

Thereafter, the State Government in the Education Department have brought into force the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017 that came into force on 05.05.2017.

It is submitted by Mr. A R Bhuyan, learned counsel for the petitioner that presently the case of the petitioner is under process under the provisions of the said 2017 Act.

In view of the above, this writ petition being infructuous stands dismissed.

The interim order passed earlier by the Court on 07.09.2016 stands vacated.

JUDGE Page No.# 3/3

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