Kalyan Das vs Bijoya Choudhury And 3 Ors
2024 Latest Caselaw 3997 Gua

Gauhati High Court

Kalyan Das vs Bijoya Choudhury And 3 Ors on 5 June, 2024

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GAHC010110132024




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

                        Case No. : Cont.Cas(C)/293/2024

         KALYAN DAS
         SON OF SRI GIRISH DAS, RESIDENT OF VILL.- BARKHALA, P.O.- K.P.
         BARKHALA, P.S.- GHAGRAPAR, DIST.- NALBARI, ASSAM, PIN- 781350.



         VERSUS

         BIJOYA CHOUDHURY AND 3 ORS.
         SECRETARY, SECONDARY EDUCATION DEPARTMENT, GROUND FLOOR,
         BLOCK-C, JANATA BHAWAN, DISPUR, GUWAHATI, DIST. KAMRUP(M),
         ASSAM, PIN- 781006.

         2:MAMATA HOJAI
          DIRECTOR OF SECONDARY EDUCATION
         ASSAM
          KAHILIPARA
          GUWAHATI
          DIST. KAMRUP(M)
         ASSAM
          PIN- 781019.

         3:JAYANTA THAKURIA
          INSPECTOR OF SCHOOLS
          NALBARI DISTRICT CIRCLE
          NALBARI COLLEGE ROAD
          RAJ BARUAH COMPLEX
          DIST. NALBARI
          PIN- 781335.

         4:NAREN CH. DEKA
          S/O- PARASURAM DEKA
          R/O- VILL.- KUWARIKUCHI
          KUNDAR GAON
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             P.O. DAKSHIN GAON
             P.S. GHAGRAPAR
             DIST. NALBARI
             ASSA

Advocate for the Petitioner   : MR. JYOTIRMOY ROY

Advocate for the Respondent :



                                      BEFORE
                HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR
                                     ORDER

05.06.2024

Heard Mr. J. Roy, learned Senior counsel, assisted by Ms. B. Saha, learned counsel for the petitioner.

2. By this Contempt Petition, the petitioner is alleging willful disobedience of the judgment, dated 27.02.2024, passed by this Court in WP(C) No.2066/2023. The said writ petition was disposed of with the following directions:-

"28. In view of the discussion made here-in-above, I am of the considered view that the impugned order dated 30.03.2023, issued by the Director of School Education, Assam, whereby the respondent No.3 has been allowed to hold the charge of In-charge Principal of the P. B. Dhirdutta Higher Secondary School, cannot be sustained as the same has been issued without following the due procedure prescribed under the Service Rules of 2018 and without considering other eligible and senior candidates including the petitioner.

29. Consequently, the impugned order dated 30.03.2023, issued by the Director of School Education, Assam is hereby set aside and quashed.

30. It is provided that if the post of Principal of P. B. Dhirdutta Higher Secondary School is required to be filled up, the respondent authorities may filled up the Page No.# 3/3

same, in terms of Rule 12 of the Service Rules of 2018, by considering all the eligible candidate including the petitioner and the respondent No.5. It is further provided that even for a temporary arrangement, the authorities are directed to consider all the eligible candidates including the petitioner and respondent No.5 by following the procedure prescribed under the Service Rules, 2018.

31. The Writ Petition stands allowed and disposed of accordingly. No order as to costs."

3. On a perusal of the order, dated 27.02.2024, it appears that no time limit was prescribed in the said directions.

4. Accordingly, this Contempt Petition is disposed of directing the respondent No.2/Director of Secondary Education, Assam and the respondent No.3/Inspector of Schools, Nalbari District Circle, Nalbari to comply with the directions passed by this Court on 27.02.2024 in WP(C) No.2066/2023 within a period of one month from the date of receipt of a copy of the order of this Court.

5. With the above observations and directions, this Contempt Petition is closed.

JUDGE

Comparing Assistant