Page No.# 1/4 vs Afzalur Rahman And 9 Ors
2024 Latest Caselaw 5372 Gua

Gauhati High Court

Page No.# 1/4 vs Afzalur Rahman And 9 Ors on 31 July, 2024

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                   Page No.# 1/4

GAHC010060452024




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

                         Case No. : Review.Pet./118/2024

         STATE OF ASSAM
         THROUGH THE SECRETARY TO THE GOVT. OF ASSAM, DEPTT. OF
         SCHOOL EDUCATION, DISPUR, KAMRUP (METRO), ASSAM, PIN- 781006.

         2: THE DIRECTOR OF ELEMENTARY EDUCATION
          KAHILIPARA
          KAMRUP (M)
         ASSAM
          PIN-781019

         VERSUS

         AFZALUR RAHMAN AND 9 ORS.
         S/O. HABIBUR RAHMAN, VILL. SAGOLCHARA PART-III, P.S. DHUBRI, DIST.
         DHUBRI, ASSAM, PIN-783324.

         2:ABDUR ROUF SARKER
          S/O. SK MOZIBOR ROHMAN
         VILL. KHARUABANDHA
          P.S. SOUTH SALMARA
          DIST. SOUTH SALMARA MANKACHAR
         ASSAM.

         3:ZAKIR HUSSAIN
          S/O. ABUBAKKAR SIDDIQUE
         VILL. ADABARI PART-II
          P.S. DHUBRI
          DIST. DHUBRI
         ASSAM
          PIN-783324.

         4:PRODIP NATH
          S/O. DINARAM NATH
         VILL. BARUABARI
                                  Page No.# 2/4

P.S. GARMUR
DIST. MAJULI
ASSAM
PIN-785106.

5:SOHRAB AHMED
 S/O. MD. AFSAR ALI
VILL. KAWAIMARI EXCESS AREA
 P.O. NALIGAON
 DIST. BARPETA
ASSAM
 PIN-4781352.

6:NAZMUL HOQUE
 S/O. ALAUDDIN SHEIKH
VILL. KACHUDOLA PART-II
 P.O. KHELUAPARA
 DIST. BONGAIGAON
ASSAM.

7:RASHIDUL ISLAM AKAND
 S/O. HABIBAR RAHMAN AKAND
VILL. ADABARI PART-II
 P.S. DHUBRI
 DIST. DHUBRI
ASSAM
 PIN-783324.

8:SHAHJAHAN AHMED
 S/O. MD. MOHFIZUL HOQUE
VILL. PATHURIA
 P.S. MANKACHAR
 DIST. SOUTH SALMARA MANKACHAR
ASSAM
 PIN-783131.

9:NURUL ISLAM KHAN
 S/O. MOHAR ALI KHAN
VILL. FALIMARI PART-II
 P.S. GAURIPUR
 DIST. DHUBRI
ASSAM
 PIN-783325.

10:ASHRAFUZZAMAN SHEIKH

S/O. MD. BAKTOZAMAN SK
VILL. NEW FERAMARI
                                                                       Page No.# 3/4

             P.S. SOUTH SALMARA
             DIST. SOUTH SALMARA MANKACHAR
             ASSAM
             PIN-783135

Advocate for the Petitioner   : MR. R MAZUMDAR,

Advocate for the Respondent : ,




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                        ORDER

31.07.2024 Heard Shri R. Mazumdar, learned counsel for the review applicant, who by means of this application, has sought for review of the judgment and order dated 21.12.2021 passed by this Court in a bunch of writ petitions including WP(C)/1183/2020.

Shri Mazumdar, learned counsel by referring to the observations made by this Court in paragraph 5 of the judgment has submitted that this Court had proceeded with the presumption that all the petitioners were possessing TET/D.EI Ed. Qualification before the advertisement dated 11.03.2018. The learned counsel has, however, submitted that a perusal of the averments made in paragraph 12 of the writ petition would make it clear that the TET qualification was obtained pursuant to the examination held in the year 2019 and the petitioner nos. 1 to 9 obtained D.EI Ed. in 2019 and the petitioner no. 10 does not have D.EI Ed but has B. Ed and therefore, the writ petitioners were not having the requisite qualification as on the date of the advertisement.

Let notice be issued, returnable by 4 (four) weeks.

Let steps for service of notice upon the respondents be taken by registered Page No.# 4/4

post with A/D within 2 days.

Accordingly, list this case after 4 weeks along with service report.

Tag this matter along with Review Pet. 137/2023.

JUDGE

Comparing Assistant