Gauhati High Court
Biren Bora vs The State Of Assam And 6 Ors on 19 January, 2024
Author: M.R. Pathak
Bench: Manash Ranjan Pathak
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GAHC010293202023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/9/2024
BIREN BORA
S/O LATE UMARAM BORA, R/O NARAYANPUR, WARD NO. 1, P.O.-
DIKRONG, P.S.- NARAYANPUR, DIST.- LAKHIMPUR, ASSAM.
VERSUS
THE STATE OF ASSAM AND 6 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, EDUCATION (SECONDARY) DEPTT., DISPUR, GUWAHATI- 6,
ASSAM.
2:THE DIRECTOR OF SECONDARY EDUCATION
KAHILIPARA
GUWAHATI- 19
ASSAM.
3:THE INSPECTOR OF SCHOOLS
NORTH LAKHIMPUR DISTRICT CIRCLE
NORTH LAKHIMPUR
ASSAM- 787001
4:NATIONAL COUNCIL FOR TEACHER EDUCATION
EASTERN REGIONAL COMMITTEE
N-2/82
VILL.- MAYAPALLI
BHUBNESWAR- 751015 REPRESENTED BY REGIONAL DIRECTOR.
5:DIBRUGARH UNIVERSITY
REPRESENTED BY THE VICE-CHANCELLOR
DIBRUGARH
ASSAM
PIN 786004.
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6:BIHPURIA PGT COLLEGE
REPRESENTED BY THE PRINCIPAL
P.O. AND P.S.- BIHPURIA
DIST.- LAKHIMPUR
PIN- 784161.
7:BIREN SAIKIA
S/O LATE SONARAM SAIKIA
VILL.- TALOCHIBARI
P.O.- BARBALI
P.S.- BIHPURIA
DIST.- LAKHINPUR
ASSAM
PIN- 784163
Advocate for the Petitioner : MR. S K DAS
Advocate for the Respondent : SC, SEC. EDU.
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
HON'BLE MRS. JUSTICE MITALI THAKURIA
19/01/2024
(M.R. Pathak, J)
Heard Mr. S K Das, learned counsel for the appellant and Mr. R Mazumdar, learned Standing
counsel, Education Department as well as Dibrugarh University for the respondent Nos. 1, 2, 3 & 5.
Also heard Mr. A Alam, learned Standing counsel, NCTE for the respondent No. 4 and Mr. D Deka,
learned counsel for the respondent No. 7/caveator.
The appellant herein is aggrieved with the judgment and order dated 05.12.2023 passed by
the learned Single Judge in WP(C) No. 3166/2021, wherein he was the respondent No. 7.
Matter relates to the B.Ed. degree of the writ petitioner vis-à-vis that of the writ appellant.
Issue notice, returnable on 15.02.2024.
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As Mr. R Mazumdar, learned Standing counsel, Education Department as well as Dibrugarh
University; Mr. A Alam, learned Standing counsel, NCTE and Mr. D Deka, learned counsel have
accepted notice on behalf of the respondent Nos. 1, 2, 3 & 5; 4 and 7 respectively, no formal notice
need to be issued to those respondents.
Appellant shall serve Memo of this Appeal along with the Annexures appended thereto to Mr.
R Mazumdar, learned Standing counsel, Education Department as well as Dibrugarh University; Mr. A
Alam, learned Standing counsel, NCTE and Mr. D Deka, learned counsel on or before 22.01.2024,
obtaining necessary acknowledgment from them in that regard.
Appellant shall take steps for service of notice on the respondent No. 6 by registered post with
A/D on or before 22.01.2024, providing its proper and correct address with requisite postal stamps.
In addition to the above, the appellant shall also take steps for service of notice on the
respondent No. 6 by dasti/personal service to be routed through the Registry of this Court. Such
dasti/personal service on the respondent No. 6 shall be made by serving a copy of this appeal
including the Annexures appended thereto by obtaining its seal and signature with date in presence of
one or more witnesses. Thereafter, the appellant shall file an affidavit towards completion of such
dasti/personal service on the said respondent No. 6.
Subject to taking steps on the respondents, as directed above, till the returnable date (i.e,
15.02.2024), the impugned judgment and order dated 05.12.2023 passed by the learned Single Judge
in WP(C) No. 3166/2021 shall remain suspended.
List accordingly.
JUDGE JUDGE
Comparing Assistant
