The petitioner, whose case for amalgamation of a school was stayed by the State Government, dropped the petition. The court dismissed the petition but granted liberty to approach the appropriate forum for any future cause of action.
Petition dismissed as not pressed; liberty granted to approach appropriate forum for future cause of action.
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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GAHC010025602018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 684/2018
1:GAYATRI TAYE W/O DEBESWAR TAYE R/O VILL- SILA PIPLEGURI, P.O. SILAPATHAR DIST. DHEMAJI, ASSAM, PIN - 787059.
VERSUS
1:THE STATE OF ASSAM AND 6 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI -6.
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EDUCATION (SECONDARY) DEPARTMENT DISPUR GUWAHATI-6. 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWHAATI - 19 DIST. KAMRUP (M) ASSAM 4:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 DIST. KAMRUP (M) ASSAM 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER DHEMAJI DIST. DHEMAJI ASSAM PIN - 787059
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6:THE DEPUTY COMMISSIONER DHEMAJI DIST. DHEMAJI ASSAM PIN - 787059.
7:SRI DAMBHIDHAR PEGU S/OLT. TALAR PEGU R/O VILL- SILA PIPLEGURI P.S. SILAPATHAR DIST. DHEMAJI ASSAM PIN - 78705
Advocate for the Petitioner : MR. N BORAH
Advocate for the Respondent : SC, ELEM. EDU
BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
17-06-2019
Heard Mr. N. Borah, learned counsel for the petitioner and Ms. N Phukan, learned Standing counsel Secondary Education Department for the respondent Nos. 2 and 4. Also heard Mr. N. Sarma, learned Standing counsel Elementary Education Department for the respondent No.3 and 5 and Mr. B. Deori, learned Government Advocate, Assam for the respondent No.6.
As the State Government in the Secondary Education Department by its communication No. ASE.229/2018/WP(C) No. 684/2018/108 dated 07.04.2018 have stayed the order of amalgamation order under No. ASE.62/2017/Pt-II/170 dated 20.01.2018 of Debeswar Taye M.E. School under Dhemaji Education Block of Dhemaji district under the District Elementary Education Officer with Silapathar Migang High School under the Inspector of Schools, Dhemaji, the petitioner is not pressing this writ petition stating that it has become infractuous. However, the petitioner has prayed for a liberty to approach the appropriate
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forum for any future cause of action.
Prayer is allowed.
Petition stands dismissed as not pressed.
Liberty, as prayed for granted.
The interim order dated 12.02.2018 passed earlier in this proceeding stands merged with this order.
A copy of the State Government in the Secondary Education Department dated 07.04.2018 noted above, be kept as part of the record.
JUDGE
Comparing Assistant
GAYATRI TAYE W/O DEBESWAR TAYE
THE STATE OF ASSAM AND 6 ORS.
MANASH RANJAN PATHAK
As recorded by the court registry
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