Md. Ahedul Hussain vs Bijoya Choudhury And 3 Ors
2023 Latest Caselaw 1163 Gua

                                                                  Page No.# 1/4

GAHC010257722022




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

                               Case No. : Cont.Cas(C)/782/2022

            MD. AHEDUL HUSSAIN
            S/O- LATE ABDUL SAMAD, R/O- VILLAGE RANGIA WARD NO-2 (KURIARA
            PATH),
            P.O AND P.S- RANGIA, DIST- KAMRUP, ASSAM



            VERSUS

            BIJOYA CHOUDHURY AND 3 ORS
            THE SECRETARY TO THE GOVT. OF ASSAM, SECONDARY EDUCATION
            DEPTT., DISPUR, GHY.-06.

            2:S.N CHOUDHURY
            THE JOINT SECRETARY TO THE GOVT. OF ASSAM
             SECONDARY EDUCATION DEPTT.
             DISPUR
             GHY.-06.

            3:MAMTA HOJAI
            THE DIRECTOR OF SECONDARY EDUCATION ASSAM

             KAHILIPARA
             GUWAHATI-19.

            4:JAYANTA THAKURIA
            AES
             INSPECTOR OF SCHOOLS
             NALBARI DISTRICT CIRCLE
             NALBARI
            ASSAM
             PIN-78133

Advocate for the Petitioner   : MS. A TALUKDAR
                                                              Page No.# 2/4


Advocate for the Respondent : SC, SEC. EDU.




            Linked Case : WP(C)/6262/2022

           MD. AHEDUL HUSSAIN
           S/O- LATE ABDUL SAMAD

           R/O- VILL. RANGIA WARD NO. 2
           (KURIARA PATH)

           P.O. AND P.S. RANGIA

           DISTRICT- KAMRUP(R)
           ASSAM.


            VERSUS

           THE STATE OF ASSAM AND 5 ORS
           REPRESENTED BY COMMISSIONER AND SECRETARY

           EDUCATION (SECONDARY) DEPARTMENT/ DEPARTMENT OF SCHOOL
           EDUCATION
           ASSAM

           DISPUR
           GUWAHATI-6.

           2:THE DIRECTOR OF SECONDARY EDUCATION
           ASSAM
           KAHILIPARA
            GUWAHATI- 781019.
            3:THE INSPECTOR OF SCHOOLS
            NALBARI DISTRICT CIRCLE
           NALBARI
           ASSAM.
            4:MD. ABDUL KADIR
           S/O- ISAHAQUE ALI

           R/O- VILL. GORGORI

           P.O.- TINIPUKHURI
                                                                                 Page No.# 3/4

          DISTRICT- NALBARI
          ASSAM
           PIN- 781367.
           5:THE HEADMASTER
           PASCHIM BANBHAG ANCHALIK HIGH SCHOOL
          VILL.- NARAYANGAON
          P.O.- TINIPUKHURI
          DISTRICT- NALBARI
          ASSAM
           PIN- 781367.
           6:JAYANTA THAKURIA
           AES
          INSPECTOR OF SCHOOLS
           NALBARI DISTRICT CIRCLE
          NALBARI
           ASSAM

          PIN- 781335.
          ------------
          Advocate for : MS. A TALUKDAR
          Advocate for : SC
          SEC. EDU. appearing for THE STATE OF ASSAM AND 5 ORS



                                 BEFORE
               HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

                                         ORDER

22.03.2023.

Heard Ms. A Talukdar, learned counsel for the petitioner and Mr. SMT Chistie, learned Standing counsel, Department of School Education, Assam for the contemnors/respondents.

During the deliberation of the matter, Mr. Chistie, Standing counsel, Department of School Education placed before the Court that one of the respondents of WP(C) No. 6721/2018, Md. Abdul Kadir preferred a review petition, being Review Petition No. 175/2022 against the common Judgment and Order dated 21.07.2022 passed in WP(C) No. 6721/2018 and other connected cases, placing before the Court a non-existent document bearing No. ASE.655/2018/WP(C) 4733/2018/130-A dated 16.08.2022 and the Court accordingly directed the Secondary Education Department to produce the same.

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Mr. Chistie, Standing counsel, Department of School Education further submitted that the said document mentioned in the order dated 16.08.2022, being a non-existent document, an FIR has been lodged by the Inspector of Schools, Nalbari on 14.12.2022.

In view of the above, since a review petition is pending, list these matters after 8 (eight) weeks, on a date to be fixed by the Registry.

JUDGE

Comparing Assistant