Page No.# 1/3 vs The State Of Assam And 4 Ors
2023 Latest Caselaw 2587 Gua

                                                                     Page No.# 1/3

GAHC010123112023




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

                          Case No. : I.A.(Civil)/1687/2023

          NAZRUL ISLAM AND 4 ORS.
          S/O LT. MOHIBUR RAHMAN, VILL. EST. KANSHIL, P.O. KANSHIL, P.S.
          KARIMGANJ, DIST. KARIMGANJ (ASSAM), PIN 788711

          2: NOOR UDDIN
           S/O LT. SHAID ALI
          VILL. KURTI
           P.O. KATALTALI, P.S. BAZRICHERR, DIST. KARIMGANJ
          ASSAM, PIN 788725.

          3: HALIMA KHATUN
          W/O MD. LUQUMAN AHMED
          VIL. BINODINI
           P.O. ERALIGOOL. P.S. NILAMBAZAR,
           DIST. KARIMGANJ, ASSAM, PIN 788723

          4: ARIFA HUSSAIN CHOUDHURY
          W/O SAMSUL HOQUE
          VILL. CHANDSRIKUNA
           P.O. TITABAR, P.S. KARIMGANJ
           DIST. KARIMGANJ, ASSAM, PIN788709.

          5: ABDUR REJAQUE LASKAR
           S/O LT. ASAB ALI LASKAR
          VILL. NORTH NARAINPUR
           P.S. ALGAPUR, DIST. HAILAKANDI
          ASSAM, PIN 78880

          VERSUS

          THE STATE OF ASSAM AND 4 ORS.
          REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
          ASSAM, EDUCATION (ELEMENTARY), DISPUR, GUWAHATI 6
                                                                          Page No.# 2/3

           2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM
            FINANCE DEPTT., DISPUR
            GUWAHATI 6.

           3:THE DIRECTOR OF ELEMENTARY EDUCATION, ASSAM
            KAHILIPARA, GUWAHATI 19.

           4:THE DIST. ELEMENTARY EDUCATION OFFICER, KARIMGANJ
            DIST. KARIMGANJ, ASSAM, PIN 788725.

           5:THE DIST. ELEMENTARY EDUCATION OFFICER, HAILAKANDI
            DIST. HAILAKANDI, ASSAM, PIN 78880.

For the Applicant(s)      :     Mr. R. Islam, Advocate.
                                Ms. N. Chakraborty, Advocate.
                                Ms. S. Paul, Advocate.


For the Respondent(s) :        Ms. K. Das, Standing Counsel, Education Department for

respondent Nos.1, 3, 4 and 5.

Mr. R. Borpujari, Standing Counsel, Finance Department for respondent No.2.

-B E F O R E -

HON'BLE THE CHIEF JUSTICE HON'BLE MRS. JUSTICE MITALI THAKURIA

19.06.2023

Heard learned counsel for the parties. Perused the material available on record. The instant Interlocutory Application has been filed seeking condonation of delay of 35 days occasioned in preferring the connected writ appeal against the judgment and order dated 31.03.2023 passed by the learned Single Bench in W.P.(C ) No.6377/2021 and other batch of writ petitions.

It has been submitted that the other identical writ appeals have been Page No.# 3/3

admitted.

Learned counsel for the respondents do not object to the prayer for condonation of delay. Otherwise also the grounds set up in the application for condonation of delay appear to be germane. Hence, the application is allowed and delay is condoned.

Registry shall number the connected writ appeal and list the same along with WA No.156/2023 before the Special Bench constituted for hearing the matters arising out of the issue of provincialisation.

                          JUDGE                          CHIEF JUSTICE




Comparing Assistant