Shri Mukti Das vs The State Of Assam And 6 Ors
2021 Latest Caselaw 2033 Gua

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GAHC010156042019




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

                            Case No. : WA/201/2020

         SHRI MUKTI DAS
         ASSISTANT TEACHER, RAIDONGIA H. SAIKIA H.S. SCHOOL, DIST.-
         NAGAON, ASSAM, PIN- 782002.



         VERSUS

         THE STATE OF ASSAM AND 6 ORS
         REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
         EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI-781006.

         2:THE DIRECTOR OF SECONDARY EDUCATION
         ASSAM
          KAHILIPARA
          GUWAHATI-19.

         3:STATE SELECTION COMMITTEE ASSAM
          REP. BY THE CHAIRMAN CUM COMMISSIONER AND SECRETARY TO THE
         GOVT. OF ASSAM
          EDUCATION DEPARTMENT
          GUWAHATI-6.

         4:THE INSPECTOR OF SCHOOLS

          NAGAON DISTRICT CIRCLE
          NAGAON.

         5:SCHOOL SELECTION COMMITTEE CUM SMDC
          OF RAIDONGIA H SAIKIA HS SCHOOL
          NAGAON
          REP. BY ITS CHAIRMAN/PRESIDENT PARAGDHAR SAIKIA
          RAIDONGIA H. SAIKIA H.S. SCHOOL
          DIST.- NAGAON
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             ASSAM
             PIN- 782002.

            6:SMT. IRANI BHUYAN
             PGT REPRESENTATIVE
             SCHOOL SELECTION COMMITTEE MEMBER FOR SELECTION OF
            REGULAR PRINCIPAL
             SUBJECT TEACHER
             RAIDONGIA H. SAIKIA H.S. SCHOOL
             DIST.- NAGAON
            ASSAM
             PIN- 782002.

            7:MADHAB BHUYAN
            ASSISTANT TEACHER
             RAIDONGIA H SAIKIA H.S. SCHOOL
             DIST.- NAGAON
            ASSAM

Advocate for the Petitioner   : MR K K MAHANTA

Advocate for the Respondent : MR. U SARMA




                                   BEFORE
                    HONOURABLE MR. JUSTICE SUMAN SHYAM
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                            ORDER

Date : 01-09-2021 Suman Shyam, J

This writ appeal is directed against the judgment and order dated 28-08-2018

passed by the learned Single Judge in W.P.(C) No. 2638/2017 disposing of the writ

petition with certain directions. The appellant who was the respondent No. 7 in the writ

petition is aggrieved by such directions.

Mr. K.K. Mahanta, learned Sr. counsel appearing for the appellant submits that the

learned Single Judge had decided the issues which were neither raised in the writ petition Page No.# 3/3

nor argued by the counsel for the parties, thereby causing serious prejudice to the rights

and interest of his client. It is also submitted by Mr. Mahanta that this matter is ready as

regards service and therefore, the appeal can be taken up for disposal at the stage of

admission hearing.

Mr. S.K. Das, learned counsel is present on behalf of the respondent No. 7.

However, none has appeared for the official respondent Nos. 1 to 6.

We find that the name of the learned standing counsel, Education Department is

also not reflected in the cause list.

In view of the above and considering the urgency expressed by Mr. Mahanta, we

direct the Registry to list this matter again on 07-09-2021 for admission hearing as fixed

item by reflecting the names of learned counsel for all the parties in the cause list.

The writ appeal would be taken up for disposal at the stage of admission hearing,

to be conducted in the physical court.

                            JUDGE                      JUDGE
GS
Comparing Assistant