The petitioner challenged an order removing him as Principal-In-Charge while appointing another person. The court set aside the impugned order and made an interim order absolute.
Impugned order dated 18.09.2015 set aside; interim order made absolute.
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GAHC010239542017
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 5994/2015
1:HARMOHAN BAISHYA S/O. LT. HARESWAR BAISHYA R/O. MACHABDEV PATH BYE LANE NO.12 HOUSE NO. 2 GANESHNAGAR P.S. and P.O. BASISTHA GHY-781029.
VERSUS
1:THE STATE OF ASSAM AND 3 ORS
REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM SECONDARY EDUCATION DEPTT. DISPUR GHY-06.
2:THE DIRECTOR SECONDARY EDU. ASSAM KAHILIPARA GHY-781019.
3:THE INSPECTOR OF SCHOOLS KAMRUP DIST. CIRCLE M PANBAZAR GHY-01 ASSAM.
4:MRS. TRIDIPA BARUAH SUBJECT TEACHER GANESH MANDIR HIGHER SECONDARY SCHOOL KHANAPARA GHY-781022.
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Advocate for the Petitioner : MS.K SAIKIA Advocate for the Respondent : MR.Y S MANNANR-4
BEFORE
HONOURABLE MR. JUSTICE UJJAL BHUYAN
ORDER
Date : 07-03-2019
In this writ petition, petitioner has assailed the legality and correctness of the order dated 18.09.2015, passed by the Director of Secondary Education, Assam, whereby, petitioner was relieved from the current charge of Principal-In-Charge of Ganesh Mandir Higher Secondary School, Khanapara, Guwahati, while allowing respondent No. 4 to hold the current charge of Principal of the said School.
This Court by order dated 07.10.2015 had issued notice. Thereafter, vide order dated 02.11.2015, the aforesaid impugned order dated 18.09.2015 was stayed.
Mr I H Saikia, learned counsel for the petitioner submits that petitioner has continued as Incharge Principal of the said School from 2012 and is continuing as such till date.
In the meanwhile, respondent No. 4 has retired from service on attaining the age of superannuation.
Moreover, having regard to the subsequent development which is the subject matter of WP(C) No. 4708 of 2017 filed by the petitioner, this writ petition has more or less become infructuous.
Be that as it may and after going through the materials on record, impugned order dated 18.09.2015 is set aside and the interim order is made absolute.
Writ petition is disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the order relieving the petitioner as Principal-In-Charge of Ganesh Mandir Higher Secondary School should be set aside.
Harmohan Baishya
The State of Assam
The Commissioner and Secy. to the Govt. of Assam Secondary Education Deptt.
The Director Secondary Edu. Assam
The Inspector of Schools Kamrup Dist.
Mrs. Tridipa Baruah
Ujjal Bhuyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
