Gauhati High Court

Page No.# 1/3 vs Ajita Nath And 6 Ors on 8 May, 2025

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                     Page No.# 1/3

GAHC010009772024




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

                          Case No. : Review.Pet./4/2024

         THE STATE OF ASSAM AND ANR.
         THROUGH THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF
         SCHOOL EDUCATION, DISPUR , KAMRUP M ASSAM 781006

         2: THE DIRECTOR
          ELEMENTARY EDUCATION
         ASSAM
          KAHILIPARA
          GUWAHATI- 78101

         VERSUS

         AJITA NATH AND 6 ORS
         D/O- RAJIB NATH, R/O- VILL- HALGHAT, P.O AND P.S- NILAMBAZAR, DIST-
         KARIMGANJ, ASSAM, PIN- 788722

         2:RAJAUL KARIM
          S/O- ABDUL HAQUE
          R/O- VILL- NIAMATAKHANI
          P.O- MULLAGANJ BAZAR
          DIST- KARIMGANJ
         ASSAM
          PIN- 788179

         3:SAFATUN NESSA
          D/O- LATEABDUL WAHAB BARBHUIY
          R/O- VILL- BHABANIPUR
          P.O- AMALA
          DIST- HAILAKANDI
         ASSAM
          PIN- 788164

         4:TAPAZUL ALI
          S/O- HAJI TAYAB ALI BARBHUIYA
                                                                        Page No.# 2/3

             R/O- VILL- MAZUMDER BAZAR
             P.O- TARAPUR PT VII
             DIST- CACHAR
             ASSAM
             PIN- 788003

             5:MASHUK AHMED MAZUMDER
              S/O- MAKRAM ALI MAZUMDER
              R/O- VILL- HAILAKANDI TOWN
             WARD NO. 4
              P.O- HAILAKANDI
              DIST- HAILAKANDI
             ASSAM
              PIN- 788151

             6:ABDUL AZIM BARBHUIYA
              S/O- MONIR ALI BARBHUIYA
              R/O- VILL BORBOND PART III
              P.O- BALIURA
              DIST- HAILAKANDI
             ASSAM
              PIN- 788155

             7:H M FAKRUL ALAM LASKAR @ HM FAKRUL BARBHUIYA
              S/O- ABDUL WAHAB LASKAR
              R/O- VILL BASBARI -I
              P.O- BASBARI
              DIST- HAILAKANDI
             ASSAM
              PIN- 78815

Advocate for the Petitioner   : MR S M T CHISTIE, MR. R MAZUMDAR

Advocate for the Respondent : ,




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                         ORDER

08.05.2025 Heard Shri R Mazumdar, learned Standing Counsel Education Department, Assam appearing for the applicants who has filed this application for review of the order dated 21.12.2021 passed by this Court in WP(C)/2486/2020.

Page No.# 3/3

The matter was adjourned to enable the learned counsel for the applicants to obtain instructions on the ground on which the review has been sought for.

Shri Mazumdar, learned counsel has submitted that though vide the impugned judgment, which was passed in a bunch of writ petitions, the case of the petitioners were directed to be considered, so far as the present writ petition is concerned, the same pertains to a recruitment process which was initiated vide an advertisement dated 23.01.2020 and in the said process, the upper age limit was stated to be 38 years without any further conditions and the notifications which were mentioned in the judgment dated 02.09.2020 and 20.02.2021 were not even existing and therefore, could not have any bearing so far as the present writ petitioner is concerned. However, by the impugned judgment, respondents/writ petitioners are trying to get undue benefit on the strength of the said judgment.

Issue notice, returnable by 6 weeks.

Let steps be taken for service of notice upon the respondents by registered post with A/D.

Steps within 2 working days.

List this case after 6 weeks along with service report.

JUDGE

Comparing Assistant