Gauhati High Court
Swapan Kumar Singha vs The State Of Assam And 7 Ors on 7 February, 2023
Page No.# 1/6
GAHC010080952022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/154/2022
SWAPAN KUMAR SINGHA
S/O- LT JAGAT MOHAN SINGHA, R/O- LANE NO. 15, VIVEKANANDA ROAD,
SILCHAR, DIST- CACHAR, ASSAM, PIN- 788003
VERSUS
THE STATE OF ASSAM AND 7 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 COMMISSIONER 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
CACHAR DISTRICT CIRCLE
SILCHAR
ASSAM
5:THE NATIONAL COUNCIL FOR TEACHER EDUCATION
THROUGH THE CHAIRPERSON
HANS BHAWAN (WING II)
1 BAHADUR SHAH ZAFAR MARG
NEW DELHI
6:SUPARNA SINGHA
PRINCIPAL
DESHA BHAKTA TARUN RAM PHUKAN HIGHER SECONDARY SCHOOL
SILCHAR
DIST- CACHAR (ASSAM)
PIN- 788001
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7:GOVINDA CHAKRABORTY
SUBJECT TEACHER
SIRAJUL ALI H.S. SCHOOL
BORKHOLA
CACHAR
PIN- 788110
8:ABHIJIT SAHA
PRINCIPAL D.N.N. K GIRLS H.S.SCHOOL
SILCHAR
PIN- 78800
Advocate for the Petitioner : MR. I H SAIKIA
Advocate for the Respondent : SC, SEC. EDU.
Linked Case : Review.Pet./168/2019
SMTI. SHELLEY DAS CHOWDHURY
I/C
PRINCIPAL
KALAIN HIGHER SECONDARY SCHOOL
VILL- TARAPUR
P.O- KALAIN
DIST- CACHAR
ASSAM
PIN- 788815
VERSUS
SIRAZUL AMBIA AND 8 ORS.
S/O- LATE ABDUL KHALIQUE
VILL- BRAHMANGRAM
DIGBOR ROAD
P.O- KALAIN
P.S- KATIGORAH
DIST- CACHAR
ASSAM
PIN- 788815
2:THE STATE OF ASSAM
THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVT OF
ASSAM
EDUCATION SECONDARY DEPTT
GUWAHATI- 06
3:THE STATE SELECTION BOARD
THROUGH THE CHAIRMAN (I.E THE COMMISSIONER AND SECRETARY TO
THE GOVT OF ASSAM)
EDUCATION (SECONDARY) DEPTT
GUWAHATI- 781006
Page No.# 3/6
4:THE DIRECTOR SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI- 19
5:THE INSPECTOR OF SCHOOLS
CACHAR DISTRICT CIRCLE
SILCHAR
ASSAM
PIN- 788001
6:THE SCHOOL SELECTION COMMITTEE
KALAIN HIGHER SECONDARY SCHOOL
CACHAR
REP. BY ITS MEMBER SECRETARY SRI ABINASH SUKLABAIDYA SUBJECT
TEACHER OF KALAIN HIGHER SECONDARY SCHOOL
VILL- TARAPUR
P.O- KALAIN
DIST- CACHAR
ASSAM
PIN- 788815
7:SILCHAR COLLEGE OF EDUCATION
THROUGH ITS PRINCIPAL
SUBHASH NAGAR
SILCHAR
DIST- CACHAR
ASSAM- 788004
8:THE ASSAM UNIVERSITY
THROUGH ITS CONTROLLER
DARGAKONA
SILCHAR
DIST- CACHAR
ASSAM
PIN- 788011
9:THE NATIONAL COUNCIL FOR TEACHER EDUCATION
THROUGH THE CHAIRPERSON
HANS BHAWAN (WING-II)
1 BAHADUR SHAH ZAFAR MARG
NEW DELHI
------------
Advocate for : MR. A C BURAGOHAIN
Advocate for : SC
EDU appearing for SIRAZUL AMBIA AND 8 ORS.
Linked Case : Review.Pet./136/2022
SMTI. SUPARNA SINHA
(PRINCIPAL)
DESHA BHAKTA TARUN RAM PHUKAN HIGHER SECONDARY SCHOOL
SILCHAR
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DIST.- CACHAR
ASSAM
PIN- 788001.
VERSUS
THE STATE OF ASSAM AND 6 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF SECONDARY EDUCATION
DISPUR
GUWAHATI
ASSAM
PIN- 781006.
2:THE STATE SELECTION BOARD
ASSAM
REP. BY THE CHAIRMAN CUM COMMISSIONER AND SECRETARY TO THE
GOVT. OF ASSAM
EDUCATION SECONDARY DEPARTMENT
DISPUR
GUWAHATI
ASSAM
PIN- 781006.
3:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI
ASSAM
PIN- 781019.
4:THE INSPECTOR OF SCHOOLS
CACHAR DISTRICT CIRCLE
SILCHAR
DIST.- CACHAR
ASSAM
PIN- 788001.
5:SILCHAR COLLEGE OF EDUCATION
REP. BY THE ITS PRINCIPAL SUBHAS NAGAR SILCHAR
DIST.- CACHAR
ASSAM
PIN- 788004.
6:THE ASSAM UNIVERSITY
REP. BY THE CONTROLLER
DARAGAKONA
SILCHAR
DIST.- CACHAR
ASSAM
PIN- 788011.
7:THE NATIONAL COUNCIL FOR TEACHERS EDUCATION
REP. BY THE CHAIRPERSON
HANS BHAWAN
(WING-II)
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1
BAHADUR SHAH ZAFAR MARG
NEW DELHI.
------------
Advocate for : MS N SAIKIA
Advocate for : SC
SEC. EDU. appearing for THE STATE OF ASSAM AND 6 ORS
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
07.02.2023
(M. Zothankhuma, J.)
Heard Mr. H. Buragohain, learned counsel for the review petitioner in
Review Pet. No.168/2019 and Mr. I.H. Saikia, learned counsel for the writ
appellant in W.A. No.154/2022. Ms. N. Saikia, learned Senior Counsel appears
for the petitioner in Review Pet. No.136/2022. Ms. K. Devi, learned counsel
appears for the respondent no.8 in W.A. No.154/2022, Mr. S.K. Goswami,
learned counsel appears for the respondent no.7 in W.A. No.154/2022, Mr. N.H.
Borbhuyan, learned Standing Counsel appears for the NCTE in W.A.
No.154/2022.
The counsels for the parties submit that the decision that will be taken in
connection with W.A. No.154/2022 will have a bearing on Review Pet.
No.168/2019 and Review Pet. No.136/2022.
On perusal of the records of Review Pet. No.168/2019, it is seen that the
order dated 29.04.2019 passed in WA No.354/2018 has been put to challenge
by way of review. The order dated 29.04.2019 passed in WA No.354/2018 had
upheld the judgment and order dated 01.11.2018 passed in WP(C)
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No.4674/2017, which is authored by one of us (Michael Zothankhuma, J).
In view of the above, these matters may be listed before some other bench
and not before one of us (Michael Zothankhuma, J).
With regard to the prayer made by Mr. I.H. Saikia, learned counsel for the
appellant in W.A. No.154/2022, which is to the effect that the two review
petitions which have been tagged along with this appeal should be detached
from the appeal, we are of the view that a decision with regard to the above,
can be taken by a subsequent bench. Mr. I.H. Saikia also submits that no notice
has been issued in the review petitions.
Let the Registry bring to the notice of the Hon'ble
Chief Justice (Acting) the order passed today.
JUDGE JUDGE
Comparing Assistant
