Gauhati High Court
Geetashree Das vs Mamata Hojai on 29 January, 2024
Author: Soumitra Saikia
Bench: Soumitra Saikia
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GAHC010006332024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/32/2024
GEETASHREE DAS
M.A., B.ED.,
SUBJECT TEACHER (ENGLISH),
SWARNA LAKSHMI HIGHER SECONDARY SCHOOL,
NARSHINGPUR, P.O.- NARSHINGPUR,
DISTRICT- CACHAR, ASSAM, PIN- 788115.
VERSUS
MAMATA HOJAI
DIRECTOR OF SECONDARY EDUCATION, ASSAM CUM MEMBER
SECRETARY,
STATE SELECTION COMMITTEE, ASSAM,
KAHILIPARA, GUWAHATI- 781019.
Advocate for the Petitioner : MR. S K DAS
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
29.01.2024
Heard Mr. S.K. Das, learned counsel for the petitioner.
2. This contempt petition has been filed by the petitioner alleging willful
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disobedience of the Judgment and Order dated 19.10.2023 passed in W.P.(C) No.
1740/2020 along with W.P.(C) No. 5221/2022. By the said order, the challenge was
made by the petitioner to the impugned order dated 24.01.2020 whereby the B.Ed
degree of the petitioner was held to be invalidated and consequently her case was
not considered for appointment to the post of Principal of Swarna Lakshmi Higher
Secondary School, Cachar.
3. The Co-ordinate Bench of this Order by Judgment and Order dated
19.010.2023. passed in W.P(C) No. 5221/2022 dismissed the W.P(C) No.
5221/2022 but allowed W.P.(C) No. 1740/2020. The said W.P.(C) No. 1740/2020
was filed by the petitioner. Interim order passed in W.P.(C) No. 5221/2022 stood
vacated and it was held that the contempt petitioner be given the benefit of
allowing the writ petition in W.P.(C) No. 1740/2020 whereby the impugned order
dated 24.01.2020 passed by the Department was held to be invalid and accordingly
set aside.
4. Pursuant thereto, the petitioner submitted her representation dated
01.11.2023 praying for appointment to the post of Principal of the Swarna Lakshmi
Higher Secondary School, Cachar on the basis of the selection Board and pursuant
to the advertisement dated 22.12.2018 read with the Judgment and Order dated
19.10.2023 passed in W.P.(C) No. 5221/2022 and W.P.(C) No. 1740/2020.
5. It is submitted that inspite of this order being brought to the notice of the
respondent department, no steps have been taken and therefore the contempt
petition has been filed.
6. Having carefully perused the Judgment and Order dated 19.10.2023 passed
in W.P.(C) No. 5221/2022, in the said proceedings, the petitioner had assailed the
impugned notification dated 24.01.2020. By the Judgment and order dated
19.10.2023, the writ petition was allowed and resultantly it is seen that impugned
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notification was interfered with and set aside. However, the consequential benefit
of consideration of the writ petitioner's claim to be appointed to the post of
Principal was not carried out inspite of the impugned order, perhaps because there
was no clear direction by the Co-ordinate Bench to appoint the petitioner or
consider the petitioner for being appointed to the post of Principal.
7. Nevertheless, considering the fact that there is a Judgment and Order
rendered by in Co-ordinate Bench setting aside with the impugned order, this
contempt petition stands closed with the observation that the respondents will
proceed to consider the case of the petitioner for the post of Principal, Swarna
Lakshmi Higher Secondary School, Cachar in terms of the Judgment and Order
dated 19.10.2023 in a time bound manner.
8. Accordingly, the contempt petition stands closed.
JUDGE
Comparing Assistant
