Rupanjali Mahanta vs Syed Nazrul Islam And 2 Ors
2023 Latest Caselaw 1844 Gua

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GAHC010147802021




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

                               Case No. : Cont.Cas(C)/358/2021

            RUPANJALI MAHANTA
            W/O SRI AMULYA CHANDRA BEZBARUAH, R/O C/O SADANANDA
            MAHANTA, HOUSE NO. 89, PUB JYOTI NAGAR, BAMUNIMAIDAM,
            GUWAHATI, PIN-781021, DIST-KAMRUP(M), ASSAM



            VERSUS

            SYED NAZRUL ISLAM AND 2 ORS.
            PRINCIPAL AND SECRETARY, KAMALPUR SENIOR SECONDARY SCHOOL,
            P.O.-BAIHATA, DIST-KAMRUP(R), ASSAM, PIN-781380

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

            3:APURBA THAKURIA
             INSPECTOR OF SCHOOLS
             KAMRUP DISTRICT CIRCLE (RURAL)
            ASSAM
             GUWAHATI-3

Advocate for the Petitioner   : MR. P MAHANTA

Advocate for the Respondent : MR. R BORUAH (R-1)
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                                    BEFORE
                  HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

                                               ORDER

09.05.2023 Heard Mr. P. Mahanta, learned counsel for the petitioner and Mr. R. Boruah, learned counsel for the respondent/contemnor No. 1.

Matter pertains to willful disobedience and non-compliance of the common judgment and order dated 29.07.2021 passed in WP(C) No. 2268/2020 (Rupanjali Mahanata Vs. the State of Assam and 8 others) and another connected matter.

By order dated 25.04.2022, the Court observed that the Principal & Secretary of Kamalpur Senior Secondary School, respondent/contemnor No. 1 pursuant to the said order dated 29.07.2021, noted above, had placed the matter before the District Scrutiny Committee (DSC) (Secondary), Kamrup, Amingaon. However, it is not known whether the said DSC, has complied with the direction passed in the order dated 29.07.2021, noted above.

As such, the name of the respondent/contemnor No. 1 i.e., the Principal & Secretary of Kamalpur Senior Secondary School, be struck off from the cause title of this proceeding as there is no such contempt of Court on the part of the respondent/contemnor No. 1 since he complied with his part of the said order dated 29.07.2021.

The office note dated 04.08.2022 reflects that Mr. R. Mazumdar, learned Standing counsel, Department of School (Secondary) Education, Assam and Mr. H. Bezbarua, learned counsel, have entered appearance on behalf of the respondent/contemnor Nos. 2 & 3 respectively by filing their Vakalatnamas.

No representation on behalf of the respondent/contemnor Nos. 2 & 3, though the names of the counsels for them have been reflected in the cause list. It is seen that on 10.06.2022, the respondent/contemnor Nos. 2 and 3 have filed their Vakalatnamas. It is also seen that the respondent/contemnor Nos. 2 and 3 have not filed their affidavits in the matter till date.

In view of the above, the contempt proceeding be drawn against the respondent/contemnor Nos. 2 & 3.

Registry shall accordingly issue notice to the respondent/contemnor Nos. 2 & 3 regarding Page No.# 3/3

drawal of contempt for non-compliance of the said order dated 29.07.2021 passed in WP(C) No. 2268/2020.

List this matter after 8 (eight) weeks on a date to be fixed by the Registry.

JUDGE

Comparing Assistant