Page No.# 1/3 vs The State Of Assam And 5 Ors
2021 Latest Caselaw 2026 Gua

                                                                  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.
                                                                       Page No.# 2/3

            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




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