Petitioner sought writ challenging cancellation of his appointment as Deputy Secretary. Petitioner withdrew the writ petition after receiving instructions, which the court allowed.
Writ petition dismissed as withdrawn by the petitioner.
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GAHC010171402020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5030/2020
RANJAN KUMAR DAS
S/O. LT. JATINDRA MOHAN DAS, R/O. HOUSE NO.1, BRINDAVAN PATH, RUPNAGAR, GUWAHATI-32, DIST. KAMRUP (M).
VERSUS
THE STATE OF ASSAM AND 2 ORS
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, SECONDARY EDUCATION DEPTT., DISPUR, GUWAHATI-06.
2:ASSAM HIGHER SECONDARY EDUCATION COUNCIL
REP. BY ITS CHAIRMAN BAMUNIMAIDAN GUWAHATI-21.
3:THE SECRETARY
ASSAM HIGHER SECONDARY EDUCATION COUNCIL BAMINUMAIDAN GUWAHATI-21
Advocate for the Petitioner : MR. U K NAIR
Advocate for the Respondent : SC, SEC. EDU.
BEFORE HONOURABLE MR. JUSTICE MANOJIT BHUYAN ORDER
Date : 07.12.2020
Heard Mr. U. K. Nair, learned senior counsel for the petitioner, assisted by Mr. A. Chetri, Advocate as well as Mr. R. Mazumdar, learned counsel representing respondent no. 1. Mr. D. K. Roy, learned counsel appears on behalf of the respondent nos. 2 and 3.
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Necessary instructions have been obtained and produced before this Court by Mr. Roy.
Petitioner claims right to continue as Deputy Secretary (Registration, Permission & Recognition) in the Office of the Assam Higher Secondary Education Council in terms of Notification dated 11.09.96 (Annexure-13). The petitioner is otherwise holding the post of Deputy Secretary (Inspection). Bare perusal of the said Notification shows that a Deputy Secretary (Inspection) is also the Branch Officer of Registration, Permission & Recognition Branch. It is stated that the Branch Officer is equivalent to Deputy Secretary (Inspection).
Mr. Roy, on instructions, submits that the said Notification dated 11.09.96 was cancelled by Notification dated 27.11.2020. Also, in respect of the post of Deputy Secretary (Registration, Permission & Recognition), the same has been filled up by recruiting one Lachit Barbaruah vide order dated 01.12.2020 pursuant to Advertisement dated 27.07.2019.
On the above, Mr. Nair seeks leave to withdraw this writ petition from file with liberty to approach this Court again, if so advised, by way of challenging the Notification dated 27.11.2020 as well as the appointment made to the post of Deputy Secretary (Registration, Permission & Recognition).
Mr. Roy shall furnish copy of the Notification dated 27.11.2020 as well as the appointment order of Lachit Barbaruah dated 01.12.2020 to Mr. A. Chetri.
Writ petition stands dismissed as being withdrawn.
JUDGE
Comparing Assistant
Ranjan Kumar Das
State of Assam
Assam Higher Secondary Education Council
The Secretary, Assam Higher Secondary Education Council
Manojit Bhuyan
As recorded by the court registry
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