Biren Saikia vs Mamata Hojai
2025 Latest Caselaw 2879 Gua

Gauhati High Court

Biren Saikia vs Mamata Hojai on 5 February, 2025

Author: Michael Zothankhuma

Bench: Michael Zothankhuma

                                                                        Page No.# 1/3

GAHC010141212024




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

                                  Case No. : Cont.Cas(C)/371/2024

             BIREN SAIKIA
             S/O- LATE SONARAM SAIKIA, R/O- VILL.- TALOCHIBARI, P.O. BARBALI,
             P.S. BIHPURIA, LAKHIMPUR DIST., ASSAM, PIN- 784163.



             VERSUS

             MAMATA HOJAI
             THE DIRECTOR OF SECONDARY EDUCATION, ASSAM, KAHILIPARA,
             GUWAHATI, KAMRUP(M), ASSAM, PIN- 781019.



Advocate for the Petitioner   : MR D DEKA, MR. A Z AHMED,MR N J KUMAR

Advocate for the Respondent : ,




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                             ORDER

05.02.2025

1. Heard Mr. D. Deka, learned counsel for the petitioner and Mr. S.M.T. Chistie, learned counsel for the sole respondent.

2. The petitioner's counsel submits that the judgment and order dated Page No.# 2/3

05.12.2023 passed in WP(C) 3166/2021 has not been complied with, inasmuch as, the selection of a regular Principal of the Kherajkhat Senior Secondary School, Lakhimpur has not been made on the basis of valid reasons, but on the basis of a lottery arranged between the petitioner and Sri Biren Bora.

3. On the other hand, Mr. S.M.T. Chistie has submitted the order dated 12.12.2024 passed by the Director of Elementary Education, Assam and submits that the direction passed by this Court had been complied with, as both the petitioner and Sri Biren Bora had been given an opportunity of being heard prior to taking a decision, as to who should be the Principal of the said school. He also submits that in the order dated 12.12.2024, the Comparative Chart made by the State Selection Board, wherein marks of the candidates were reflected shows that the petitioner and Sri Biren Bora had obtained 15 marks each. Due to the above fact and as per the mutual consent of the petitioner and Sri Biren Bora, a lottery was held to decide who should become the regular Principal of the School. As the lottery ended in favour of Sri Biren Bora, Sri Biren Bora was allowed to continue as regular Principal. He accordingly submits that there is nothing left to do in the present contempt petition and the same may be closed.

4. The petitioner's counsel submits that the petitioner did not give any consent for deciding who would serve as the Principal of the school, by way of a lottery.

5. On considering the order dated 12.12.2024 passed by the Director of Elementary Education, Assam, the same shows that opportunity of hearing had been provided to the petitioner and Sri Biren Bora. Both the petitioner and Sri Biren Bora had secured equal marks. Further, on the mutual consent of the Page No.# 3/3

petitioner and Sri Biren Bora, the State Selection Board arranged a lottery to decide who would become the regular Principal of the school. As the lottery ended in favour of Sri Biren Bora, he was allowed to continue as Principal of the said school.

6. On considering the order dated 12.12.2024 passed by the Director of Elementary Education, Assam, this Court finds that the direction passed by this Court in WP(C) 3166/2024 has been complied with.

7. The order dated 12.12.2024 passed by the Director of Elementary Education, Assam is made a part of the record and marked as Annexure-X.

8. Accordingly, the contempt petition stands closed.

JUDGE

Comparing Assistant