Allowed

Jiban Ch. Barman and Anr. v. the State of Assam and 11 Ors.

Gauhati HC10 Mar 2021I.A.(Civil)/570/2021

Case brief

AI extract

What is this about?

In an interlocutory application under WP(C) No. 195/2016, a single judge of the Gauhati High Court corrected a clerical error in a prior order dated 23.02.2021. The court substituted 'Director of Secondary Education Assam' with 'Director of Elementary Education Assam' in a specific directive regarding action on rectification orders.

What did the court decide?

Paragraph 7 of the order dated 23.02.2021 in WP(C) No. 195/2016 was amended to refer to the Director of Elementary Education Assam instead of the Director of Secondary Education Assam.

Jiban Ch. Barman and Anr. Vs the State of Assam and 11 Ors. — Gauhati HC (2021) — LawSathi Research

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GAHC010042582021

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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)/570/2021

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JIBAN CH. BARMAN AND ANR. S/O. JANAKU BARMAN, R/O. NO.1 DANGSHIAPARA, P.O. DANSHIAPARA, P.S. BIJNI, DIST. CHIRANG, BTAD, ASSAM, PIN-783394

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2: MONOJIT KUMAR BARMAN S/O. NABIN BRAHMA VILL. BANDUGURI P.O. KALIAGAON P.S. BIJNI DIST. KOKRAJHAR BTAD ASSAM PIN-78339

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VERSUS

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THE STATE OF ASSAM AND 11 ORS. REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPTT., DISPUR, GHY- 6

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2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-19 3:THE BODOLAND TERRITORIAL AREAS DISTRICTS BTAD REP. BY THE PRINCIPAL SECY. BTAD KOKRAJHAR ASSAM PIN-783370 4:THE SECY. EDUCATION DEPTT.

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BTAD KOKRAJHAR ASSAM PIN-783370 5:THE DIRECTOR OF EDUCATION BTAD KOKRAJHAR ASSAM PIN-783370 6:THE DY. COMMISSIONER CHIRANG BTAD ASSAM PIN-783394 7:THE DISTRICT ELEMENTARY EDUCATION OFFICER CHIRANG BTAD ASSAM PIN-783394 8:THE DY. INSPECTOR OF SCHOOLS BIJNI CHIRANG BTAD ASSAM PIN-783394 9:THE BLOCK ELEMENTARY EDUCATION OFFICER BOROBAZAR CHIRANG BTAD ASSAM PIN-783394 10:THE MISSION DIRECTOR OF ASSAM SARBA SIKHSHA ABHIJAN MISSION ASSAM KAHILIPARA GHY-19 11:THE DISTRICT MISSION CO-ORDINATOR SSA CHIRANG KAJOLGAON BTAD

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ASSAM PIN-783394

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12:THE BLOCK MISSION CO-ORDINATOR BOROBAZAR DIST- CHIRANG BTAD ASSAM PIN-78339

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Advocate for the Petitioner : MR. M U MONDAL

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Advocate for the Respondent : SC, ELEM. EDU

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 10-03-2021

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Heard Mr. K. Islam, learned counsel appearing for the applicants. Also heard Mr. B. Choudhury, learned counsel for the respondents in the SSA and BTC as well as Ms. P. Chakrabarty, learned counsel for the Elementary Education Department.

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WP(C) No. 195/2016 instituted by the applicants was given a final consideration by the order dated 23.02.2021 wherein paragraph 7 is extracted as below:

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“7. The requirement of making the enquiry by the Mission Director be done within two months from the date of receipt of a certified copy of this order. If the Mission Director arrives at his conclusion in favour of the petitioners that the school concerned existed and functioning prior to 2009-10 necessary rectification process may be initiated for the purpose. Any such order shall prevail over the order impugned in the writ petition. Accordingly, the Director of Secondary Education Assam may also act upon any such rectification that may be incorporated by the Mission Director.”

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This interlocutory application is for correcting the paragraph 7 of the order dated 23.02.2021 to the extent that in the last sentence thereof it ought to have been the Director of Elementary Education Assam and not Director of Secondary Education Assam.

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Accordingly, paragraph 7 of the order dated 23.02.2021 in WP(C) No. 195/2016 stands

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corrected and the last sentence thereof be now read as ’’ Accordingly, the Director of Elementary Education Assam may also act upon any such rectification that may be incorporated by the Mission Director.”

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Interlocutory application stands allowed in the above terms.

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JUDGE

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Comparing Assistant

Jiban Ch. Barman and Anr. v. the State of Assam and 11 Ors.

Case brief

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Jiban Ch. Barman and Anr. v. the State of Assam and 11 Ors.

Case brief

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