Gauhati High Court
Page No.# 1/3 vs Col Y. S. Parmar And Anr on 10 February, 2023
Page No.# 1/3
GAHC010264512022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/67/2023
MAMONI BARO AND ANR
M/O- MASTER JASHANT BORO
VILL- KARNACHARA
P.O- HUDUKHATA
DIST- BAKSA
PIN- 781318
2: MASTER JASHANT BORO
S/O- MRS. MAMONI BORO
VILL- KARNACHARA
P.O- HUDUKHATA
DIST- BAKSA
PIN- 781318
VERSUS
COL Y. S. PARMAR AND ANR
THE PRINCIPAL
SAINIK SCHOOL
GOALPARA
P.O- RAJAPARA
DIST- GOALPARA
PIN- 783133
2:CDR NARESH SINGH CHAUHAN
THE VICE PRINCIPAL
SAINIK SCHOOL
GOALPARA
P.O- RAJAPARA
DIST- GOALPARA
PIN- 783133
------------
Advocate for : MR A DAS
Advocate for : appearing for COL Y. S. PARMAR AND ANR
Page No.# 2/3
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
10-02-2023
Heard Mr. A. K. Baruah, learned counsel for the petitioners and Ms. A. Gayan, learned Central
Government Counsel for the respondent/contemnor No. 1.
Matter pertains to non-compliance and willful violation of the common judgment & order dated
08.12.2022 passed in WP(C) No. 6695/2022 (Mrs. Mamoni Baro and another Vs. Union of India and 3
others).
The Union of India and 3 others challenged the said common judgment and order dated
08.12.2022 passed in WP(C) No. 6695/2022, noted above.
The Hon'ble Division Bench by a common judgment & order dated 25.01.2023 dismissed the
WA No. 394/2022 preferred by the Union of India and three others against the petitioners and thereby
upheld and did not interfere with the common judgment & order dated 08.12.2022 passed in said
WP(C) No. 6695/2022.
For non-compliance of the common judgment & order dated 08.12.2022 passed in said WP(C)
No. 6695/2022 by the respondents, the petitioners have preferred this contempt petition against the
erring personnel/officials.
Mr. A. K. Baruah, learned counsel for the petitioners stated that the authorities of Sainik School,
Goalpara, during pendency of this contempt petition, issued a fresh transfer certificate to the
petitioner No. 2 (minor) represented by the petitioner No. 1 his mother, on 06.02.2023 and the Court
by order dated 08.02.2023 passed in WP(C) No. 691/2023 preferred by the petitioners, suspended the
said transfer certificate dated 06.02.2023 issued to the petitioner No. 2. In that regard, Mr. Baruah,
learned counsel for the petitioners have placed before the Court a copy of the order dated 08.02.2023
passed in said WP(C) No. 691/2023.
Page No.# 3/3
During the deliberation of the matter, Ms. Gayan, learned CGC placed a copy of the "Notice for
Reporting to School" issued by Lieutenant Commander, Anantha Krishnan K, Officiating Vice-Principal
for the Principal of Sainik School, Rajapara, Goalpara vide No. SSG/Adm/Misc/2023 dated 09.02.2023
before the Court which goes to show that the authorities of Sainik School, Rajapara, Goalpara directed
petitioner No. 1's minor son, namely, Jashant Boro, Roll No. 6412 (petitioner No.2) to report to the
said school for resuming the classes on 10.02.2023 along with his original Transfer Certificate.
On being enquired, Mr. Baruah, learned counsel for the petitioners on instructions, submits that
the petitioners are not aware of the said Notice dated 09.02.2023 issued by Officiating Vice-Principal
for the Principal of Sainik School, Goalpara with regard to the reporting of the petitioner No. 2 in that
school on 10.02.2023 to resume his classes.
From perusal of the said Notice dated 09.02.2023 regarding reporting of the petitioner No. 2 at
Sainik School, Goalpara by 10.02.2023, it is seen that it has been issued in the address of the
petitioner No. 1 at Village-Karnachara, Hudukhata in the district of Baksa, Assam, which is situated in
the northern bank of river Brahmaputra, far away from Rajapara, Goalpara.
On the next date, the petitioners shall apprise the Court as to whether in terms of the Notice
dated 09.02.2023, noted above, the concerned respondent authorities in Sainik School, Rajapara
Goalpara, have allowed the petitioner No. 2 Jashant Boro, Roll No. 6412 to resume his regular classes
in the said Sainik School or not.
List on 16.02.2023 along with Cont.Cas(C) No. 20/2023.
Copy of the said Notice dated 09.02.2023 issued by the authorities of the Sainik School,
Rajapara, Goalpara placed before the Court today by Ms. Gayan, learned CGC, be kept as a part of the
record.
JUDGE
Comparing Assistant
