The Gauhati High Court dismissed a writ petition by an NGO General Secretary challenging an earlier appointment of an Assistant Teacher. The court held the petitioner was not a person aggrieved and the delay was fatal.
Writ petition dismissed; no appointment order quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010043342019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 1444/2019
1:PRABIN BASUMATARY
S/O. LATE KANGSHA BASUMATARY, R/O. VILLAGE- MAHINA, P.O. MAHINA, DIST.- NALBARI, P.S. GHOGRAPARA, PIN- 781349, ASSAM.
VERSUS
1:THE STATE OF ASSAM AND 3 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SECONDARY EDUCATION DEPTT., DISPUR, GUWAHATI-06.
2:THE DIRECTOR SECONDARY EDUCATION KAHILIPARA GUWAHATI-19.
3:THE INSPECTOR OF SCHOOLS N.D.C. NALBARI NALBARI PIN- 781335 ASSAM.
4:HITESH BARMAN ASSISTANT TEACHER (ARTS) BANBHAG BATAHGILA HIGH SCHOOL NAHERBARI P.O. - NAHERBARI DIST.- NALBARI ASSAM PIN- 781349
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Advocate for the Petitioner : MR. D PEGU
Advocate for the Respondent : SC, SEC. EDU.
BEFORE
HONOURABLE MR. JUSTICE UJJAL BHUYAN
ORDER
Date : 11-03-2019
Heard Mr D Pegu, learned counsel for the petitioner.
In this writ petition, petitioner has assailed appointment of respondent No.4 as Assistant Teacher (Arts) in Banbhag Batahgila High School, Naherbari in the district of Nalbari.
Prima facie, challenge made to such appointment at the instance of the petitioner appears to be not maintainable.
Learned counsel for the petitioner may examine whether petitioner can be construed to be a ‘person aggrieved in law’ to maintain the challenge to appointment of respondent No. 4”
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the second case as Dean of the College of Fisheries under Central Agricultural University, were persons who had a claim to selection. In the instant case, it is an NGO which has assailed the appointment of respondent No. 4. In the fact situation of the case, it cannot be said that petitioner is a person aggrieved in law who can assail the appointment of respondent No. 4.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether an NGO General Secretary is a person aggrieved in law to challenge a public appointment.
Whether a writ petition challenging an appointment order made 21 years ago is maintainable.
Colour shows how this judgement treated each authority
Anupam Chowdhury –Vs- State of TripuraReferred¶9
Anupam Chowdhury –Vs- State of Tripura, 2009 (3) GLT 60
M C Nandeesha –Vs- M L BhowmikReferred¶9
M C Nandeesha –Vs- M L Bhowmik, 2006 (Suppl.) 1 GLT 590
1 provisions across 1 enactments
Prabin Basumatary
State of Assam
Commissioner and Secretary to the Govt. of Assam
The Director Secondary Education Kahilipara
The Inspector of Schools N.D.C. Nalbari
Hitesh Barman
Ujjal Bhuyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
