Gauhati High Court
Mofur Uddin vs The State Of Assam And 6 Ors on 26 May, 2023
Page No.# 1/4
GAHC010094452023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1185/2023
MOFUR UDDIN,
SUBJECT TEACHER, BALESWAR HIGHER SECONDARY SCHOOL,
JALALPUR, DIST- CACHAR (ASSAM), PIN-788816
VERSUS
THE STATE OF ASSAM AND 6 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT,
DISPUR, GUWAHATI-6
2:THE STATE SELECTION BOARD
THROUGH THE CHAIRMAN
I.E.
THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
EDUCATION (SECONDARY) DEPARTMENT
DISPUR
GUWAHATI-6
3:THE ADDITIONAL SECRETARY TO THE GOVERNMENT OF ASSAM
SECONDARY EDUCATION DEPARTMENT
DISPUR
GUWAHATI-6
4:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19
5:THE INSPECTOR OF SCHOOLS
CACHAR DISTRICT CIRCLE
SILCHAR
Page No.# 2/4
ASSAM
6:THE NATIONAL COUNCIL FOR TEACHER EDUCATION
THROUGH THE CHAIRPERSON
HANS BHAWAN
(WING II)
1 BAHADUR SHAH ZAFAR MARG
NEW DELHI-110002
7:SRI MUCHABBIR ALI
S/O LATE TAHIR ALI
PRINCIPAL OF BALESWAR HIGHER SECONDARY SCHOOL
JALALPUR
DIST- CACHAR (ASSAM)
PIN-788816. RESIDENT OF VILL. NIZ KATIGORAH PART-I
P.O. GANGAPUR
DISTRICT CACHAR
ASSA
Advocate for the Petitioner : MR. S K GOSWAMI
Advocate for the Respondent : SC, SEC. EDU.
Linked Case : WP(C)/5221/2022
MUCHABBIR ALI
S/O LATE TAHIR ALI
PRINCIPAL OF BALESWAR HIGHER SECONDARY SCHOOL
JALALPUR
CACHAR
P/R/O VILL- NIZ KATIGORAH PART-I
P.O.-GANGAPUR
DIST- CACHAR
ASSAM
PIN-788804
VERSUS
THE STATE OF ASSAM AND 6 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
Page No.# 3/4
EDUCATION (SECONDARY) DEPARTMENT
DISPUR
GUWAHATI-6
2:THE STATE SELECTION BOARD
THROUGH THE CHAIRMAN
I.E.
THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
EDUCATION (SECONDARY) DEPARTMENT
DISPUR
GUWAHATI-6
3:THE ADDITIONAL SECRETARY TO THE GOVERNMENT OF ASSAM
SECONDARY EDUCATION DEPARTMENT
DISPUR
GUWAHATI-6
4:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19
5:THE INSPECTOR OF SCHOOLS
CACHAR DISTRICT CIRCLE
SILCHAR
ASSAM
6:THE NATIONAL COUNCIL FOR TEACHER EDUCATION
THROUGH THE CHAIRPERSON
HANS BHAWAN
(WING II)
1 BAHADUR SHAH ZAFAR MARG
NEW DELHI-110002
7:MOFUR UDDIN
SUBJECT TEACHER
BALESWAR HIGHER SECONDARY SCHOOL
JALALPUR
DIST- CACHAR (ASSAM)
PIN-788816
------------
Advocate for : MR. I H SAIKIA
Advocate for : SC
SEC. EDU. appearing for THE STATE OF ASSAM AND 6 ORS.
Page No.# 4/4
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
26.05.2023
Heard Shri S.K. Goswami, learned counsel for the applicant / respondent no. 7,
who by means of this application has prayed for modification of the interim order
dated 10.08.2022 passed in the connected WP(C)/5221/2022.
Since this application has come up for the first time, Shri I.H. Saikia, the learned
counsel for the opposite party / writ petitioner submits that some time may be granted
to obtain instructions.
At this stage, Shri Goswami, the learned counsel for the applicant however
submits that the issue has been conclusively decided by a decision of this Court
passed in two writ petitions vide a judgment and order dated 05.04.2022 which was
also upheld by the Hon'ble Division Bench in the Writ Appeal No. 154/2022 vide the
judgment and order dated 28.04.2023. He further submits that in the earlier round of
writ petition, the issue was exactly the same where validity of B. Ed. Degree from the
Institute in question was put to challenge.
Be that as it may and in the interest of justice, the matter stands adjourned to
be listed on Wednesday next, i.e., 31.05.2023.
JUDGE
Comparing Assistant
