Mehjabin Khabir Hazarika vs The State Of Assam And 3 Ors
2024 Latest Caselaw 5916 Gua

Gauhati High Court

Mehjabin Khabir Hazarika vs The State Of Assam And 3 Ors on 14 August, 2024

                                                                        Page No.# 1/3

GAHC010145342024




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

                               Case No. : Review.Pet./125/2024

            MEHJABIN KHABIR HAZARIKA
            W/O A. HAZARIKA,
            RESIDENT OF MILANPUR TINIALI PO BAMUNIMAIDAN DIST KAMRUPM
            ASSAM 781021



            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            REP. BY THE COMMISSIONER and SECRETARY, EDUCATION DEPTT., GOVT.
            OF ASSAM, DISPUR, GUWAHATI-781006

            2:THE DIRECTOR OF SECONDARY EDUCATION
            ASSAM
             KAHILIPARA
             GHY-19

            3:THE INSPECTOR OF SCHOOLS
             K.D.C M
             GUWAHATI-19

            4:THE HEADMASTER

             PUB GUWAHATI HIGH SCHOOL
             JYOTINAGAR
             GUWAHATI-2

Advocate for the Petitioner   : DR P AGARWAL, MS. N CHOUDHURY,MR. B J DAS

Advocate for the Respondent : SC, SEC. EDU.,
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                               BEFORE
              HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

                                    ORDER

Date : 14.08.2024

Heard Mr. H. Rahman, learned Senior Counsel assisted by Mr. P. W. A. Majumdar, learned counsel appearing for the review petitioner. Also heard Mr. B. Kaushik, learned Standing Counsel for the Secondary Education Department appearing for the respondents no. 1 to 3.

The present review petition has been so instituted for review of the order dated 21.06.2024, passed in WP(C)/3880/2017, on the ground that the decision of the Hon'ble Supreme Court in the case of Union of India & Ors. Vs. Dinanath Santaram Karekar & Ors., reported in (1998) 7 SCC 569, was not considered by this Court while passing the said order, review of which is presently sought in the proceeding.

The said judgment admittedly, was not considered by this Court, while passing the order dated 21.06.2024 in WP(C)/3880/2017.

Mr. B. Kaushik, learned Standing Counsel submits that in view of the categorical statement made in the review petition that a decision although placed was not considered by this Court, the order may be reviewed.

In view of the above position, this Court is of the considered view that it is a fit case, wherein, the order dated 21.06.2024; is required to be reviewed and accordingly, the same on review, is recalled, restoring the writ petition being WP(C)/3880/2017 to file.

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With the above observation and direction, the review petition stands disposed of.

The connected writ petition being WP(C)/3880/2017, be listed again on 16.08.2024.

JUDGE

Comparing Assistant