Gauhati High Court
Kamakhya Brahma vs Mamata Hojai on 7 March, 2025
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GAHC010014602022
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/30/2022
KAMAKHYA BRAHMA
S/O- LATE JITEN CH. BRAHMA, LECTURER- ADV. BODO (PGT), ROWTA
COLLEGE SR. SECONDARY SCHOOL, ROWTA CHARIALI, UDALGURI, BTR,
ASSAM-784508.
VERSUS
MAMATA HOJAI
DIRECTOR OF SECONDARY EDUCATION, ASSAM, KAHILIPARA,
GUWAHATI, DIST.- KAMRUP(M), ASSAM-781019.
Advocate for the Petitioner : MR M HOQUE, S DEVI
Advocate for the Respondent : ,
BEFORE
HONOURABLE MR. JUSTICE K. SEMA
ORDER
Date : 07-03-2025
Heard Mr. S. Hoque, learned counsel for the petitioner and Mr. S.M.T Chistie,
learned counsel for the sole respondent.
The present petition has been filed alleging non compliance of the order dated
26.08.2021 passed in W.P.(C) No. 2720/2021. The operative portion of the judgment &
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order is at paragraph-7, which is reproduced herein;
"7. In the circumstance, we remand the matter back to the Director
of Secondary Education Assam to arrive at the factual determination as
to the number of students in the subject Adv. Bodo in the Rowta College
Senior Secondary School, Rowta in the Udalguri district and if the
number of students appearing in the last final examination is found to be
more than 10, appropriate reasoned order be passed by the Director as
regards the claim of the petitioner for provincialisation. In the event, the
Director is of the view that for any reason, the petitioner is not entitled to
be provincialised, appropriate reasoned order be passed and be
communicated to the petitioner."
In terms of order dated 26.08.2021 passed by this Court, the Director of
Secondary Education, Assam, Kahilipara, Guwahati-19 has passed the order dated
26.07.2022 stating therein that the case of the petitioner could not be considered for
provincialisation as his name had not appeared in UDISE during the year 2014, 2015 &
2016 respectively. Thereafter, another order dated 02.03.2025 was passed by the
Director of Secondary Education, Assam, Kahilipara, Guwahati-19 wherein it has been
stated as under;
"For the reason stated above, the services of Sri Kamakhya
Brahma as Post Graduate Teacher (Advance Bodo) in Rowta College
Senior Secondary School under Udalguri district could not be considered
for provincialisation due to non-fulfilment of eligibility criteria/norms laid
down under section 3 (1) (i) of the aforesaid Act, 2017 as amended in
2018 as the Govt. concurrence on additional subject Advance Bodo (H.S.
1st year & + 2 stage) of the school was issued on 25-05-2010 and 30-11-
2010 respectively (Le. after 01-01-2006).
This has been issued in continuation to this office earlier order
vide No. PC/CC/69/2021/88 dated 26-07-2022.
All other sentences as appeared in this office order dated 26-07-
2022 will remain same."
In view of the order dated 26.07.2022 and the order dated 02.03.2025 both
passed by the Director of Secondary Education, Assam, Kahilipara, Guwahati-19, the
learned counsel for the petitioner submits that the order alleged to have been violated
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has been complied with and accordingly, the contempt petition may be closed.
Upon hearing the learned counsel for the parties and on perusal of the order
dated 26.07.2022 and the order dated 02.03.2025, the contempt petition stands
closed.
The copy of the order dated 26.07.2022 and the order dated 02.03.2025 shall
be placed on record.
JUDGE
Comparing Assistant
