Disposed

Sri Bhaskar Jyoti Deka v. Nipon Kalita and 6 Ors.

Gauhati HC16 Sept 2019I.A.(Civil)/523/2019

Case brief

AI extract

What is this about?

The Gauhati High Court granted an application for condonation of delay regarding a connected appeal against a judgment passed without notice. The court held that since the applicant was served notice only later, the delay of 236 days is condoned, and the interlocutory application is disposed of.

What did the court decide?

Delay of 236 days in preferring the connected appeal was condoned, and the interlocutory application stands disposed of.

Sri Bhaskar Jyoti Deka Vs Nipon Kalita and 6 Ors. — Education and Admissions | Gauhati HC (2019)

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Page No.# 1/3

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GAHC010027912019

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

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Case No. : I.A.(Civil) 523/2019

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1:SRI BHASKAR JYOTI DEKA

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S/O HARIMAL DEKA, PRESIDENT OF VILL. BAHJANI, P.O. NIZ BAHJANI, DIST. NALBARI, PIN 781351, ASSAM.

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VERSUS

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1:NIPON KALITA AND 6 ORS

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S/O LATE SAILEN KALITA, R/O VILL. HALESWAR, P.O. HALESWAR, P.S. TEZPUR, DIST. SONITPUR, ASSAM, PIN 784104

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2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM EDUCATION (HIGHER) DEPTT. DISPUR GUWAHATI-6

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3:THE COMMISSIONER TO THE GOVT. OF ASSAM EDUCATION (HIGHER) DEPTT. DISPUR GUWAHATI 781006

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4:THE DIRECTOR HIGHER EDUCATION DISPUR

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GUWAHATI-19

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5:THE GOVERNING BODY BARBHAG COLLEGE KALAG DIST. NALBARI PIN 781351 ASSAM

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Page No.# 2/3

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REPRESENTED BY ITS PRESIDENT

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6:THE SELECTION COMMITTEE REPRESENTED BY THE CHAIRMAN CUM PRESIDENT OF THE GOVERNING BODY BARBHAG COLLEGE KALAG DIST. NALBARI PIN 781351 ASSAM

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7:THE PRINCIPAL I/C BARBHAG COLLEGE KALAG DIST. NALBARI PIN 781351 ASSAM

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Advocate for the Petitioner : MR. P K R CHOUDHURY

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Advocate for the Respondent : SC, HIGHER EDU

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BEFORE

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HON’BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE (ACTING) HON’BLE MR. JUSTICE MANISH CHOUDHURY

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16.9.2019

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[Arup Kumar Goswami, CJ (Acting)]

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Heard Mr. P.K. Roy Choudhury, learned counsel for the applicant. Also heard Mr. P.J. Saikia, learned counsel for respondent No. 1 as well Mr. R. Mazumder, learned Standing Counsel, Education (Higher) Department, Government of Assam for respondent Nos. 2 to 4.

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None appears for respondent Nos. 5,6 and 7.

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This is an application for condonation of delay of 236 days in preferring the connected appeal against the judgment and order dated 9.5.2018 passed by the learned Single Judge in W.P.(C) No. 2812/2018.

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Page No.# 3/3

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The aforesaid judgment and order dated 9.5.2018 was passed without notice to the applicant.

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It is stated that pursuant to the directions contained in the aforesaid judgment and order, notice was served upon the applicant to appear before the State Level Medical Board on 29.12.2018 and that is how the applicant came to know about the impugned judgment. The connected appeal along with this application was filed on 31.1.2019.

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After hearing the learned counsel for the parties and on perusal of the materials on record, we are inclined to condone the delay.

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The delay is, accordingly, condoned.

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Interlocutory Application stands disposed of.

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JUDGE CHIEF JUSTICE(ACTING)

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Comparing Assistant

Sri Bhaskar Jyoti Deka v. Nipon Kalita and 6 Ors.

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Sri Bhaskar Jyoti Deka v. Nipon Kalita and 6 Ors.

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