Gauhati High Court
Jyotirmoy Nath vs The State Of Assam And 7 Ors on 27 February, 2025
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
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GAHC010038932023
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1368/2023
JYOTIRMOY NATH
SON OF LATE JOYDEB NATH,
SERVING AS ASSISTANT TEACHER OF BALESWAR HIGHER SECONDARY
SCHOOL,
JALALPUR, CACHAR,
R/O- VILLAGE- KUSHIARKUL,
P.O.- JALALPUR, P.S.- KATIGORAH,
CACHAR, ASSAM, PIN- 788816.
VERSUS
THE STATE OF ASSAM AND 7 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM,
EDUCATION (SECONDARY) DEPARTMENT,
DISPUR, GUWAHATI-06.
2:THE ADDITIOAL SECRETARY TO THE GOVT. OF ASSAM
EDUCATION (SECONDARY) DEPARTMENT
DISPUR
GUWAHATI-6.
3:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI
ASSAM
PIN- 781019.
4:THE INSPECTOR OF SCHOOLS
CACHAR DISTRICT CIRCLE
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SILCHAR
ASSAM
PIN- 788001.
5:THE NATIONAL COUNCIL OF TEACHER EDUCATION
EASTERN REGIONAL COMMITTEE
REPRESENTED BY ITS REGIONAL DIRECTOR
15 NILAKANDTHA NAGAR
NAYAPALLI
BHUBANESWAR
ORRISA
PIN- 751012.
6:MD. MUCHABBIR ALI
S/O- TAHIR AIL
R/O- NIZ KATIGORAH PART-I
PO- GANGAPUR
DIST.- CACHAR
ASSAM
PIN- 788804.
7:MD. MOFUR UDDIN
S/O- LATE ABDUL GOFUR
VILL AND PO- JOGODISHPUR
DIST.- CACHAR
ASSAM
PIN- 788805.
8:THE SCHOOL SELECTION COMMITTEE
TO BE REPRESENTED BY ITS PRESIDENT SMDC CUM CHAIRMAN OF
BALESWAR HIGHER SECONDARY SCHOOL
VILL.- KUSHIARKUL
P.O- JALALPUR
DIST.- CACHAR
ASSAM
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PIN- 788816
Advocate for the Petitioner : MR. H BURAGOHAIN, MS A DEVI
Advocate for the Respondent : SC, EDU, SC, N C T E,GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
27.02.2025
Mr. H. Buragohain, learned counsel for the petitioner submits that in view of
the disposal of W.A. No.415/2023 by the Division Bench of this Court, the
petitioner's case which is similar, no longer survives. The petitioner's counsel
thus submits that the writ petition can be closed as the petitioner's prayer
cannot be granted.
2. Mr. I. Alom, learned counsel appears for the NCTE, while Ms. P. Das,
learned counsel appears for the Secondary Education Department.
3. On considering the fact that the present case is covered by the decision
made in W.A. No.415/2023 (Muchabbir Ali Vs. The State of Assam and 6 Ors.),
which was dismissed vide judgment and order dated 21.02.2024, the
petitioner's case does not survive any longer. However, keeping in view the fact
that the earlier In-charge Principal (respondent No.7) has retired and as the said
post has now been given to one Assistant Teacher on an In-charge basis, this
Court directs the State respondents to consider the case of the petitioner, at the
time of filling up the vacant post of Principal on regular basis, subject to the
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petitioner coming within the consideration zone.
4. The writ petition is accordingly closed.
JUDGE
Comparing Assistant
