Remanded

The School Selection Committee of Abbas Ali Choudhury Memorial H.S School v. the State of Assam and 5 Ors.

Gauhati HC1 Sept 2021WA/184/2021

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of the writ appeal by remanding the matter to the Single Judge. The Court held that the appellant, respondent No.5 in the underlying writ petition, was not heard during the lower proceedings and sought special direction to hear her promptly due to his impending retirement.

What did the court decide?

Set aside the judgment of the Single Judge dated 26.07.2021; remand the matter to the Single Judge to hear the writ appellant and decide early.

The School Selection Committee of Abbas Ali Choudhury… — Service and Employment | Gauhati HC (2021)

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Page No.# 1/3

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GAHC010123072021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WA/184/2021

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THE SCHOOL SELECTION COMMITTEE OF ABBAS ALI CHOUDHURY MEMORIAL H.S SCHOOL

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REP. BY MD. ABDUL LATIF, AGE 65 YEARS, THE PRESIDENT CUM CHAIRPERSON OF THE SCHOOL MANAGEMENT AND DEVELOPMENT COMMITTEE, VILL. AND P.O. BALAGAON, DIST. BARPETA, ASSAM, PIN781319.

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VERSUS

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THE STATE OF ASSAM AND 5 ORS.

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SECONDARY EDUCATION, DISPUR, GUWAHATI, ASSAM, PIN- 781006.

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2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI ASSAM PIN- 781019.

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3:THE INSPECTOR OF SCHOOLS BARPETA DISTRICT CIRCLE BARPETA ASSAM.

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4:THE STATE SELECTION BOARD (FOR SELECTION OF PRINCIPAL OF HIGHER SECONDARY SCHOOL) REP. BY THE CHAIRPERSON CUM COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EDUCATION (SECONDARY) DEPARTMENT DISPUR GUWAHATI- 781006.

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Page No.# 2/3

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5:MD. RAFIK AHMED S/O- ISMAIL HUSSAIN PRINCIPAL ABBAS ALI CHOUDHURY MEMORIAL HIGHER SECONDARY SCHOOL VILL. AND P.O. BALAGAON DIST.- BARPETA ASSAM PIN- 781319 R/O- VILL.- RAJAKHAL P.O. CHAPEBARI DIST.- BARPETA ASSAM PIN- 781332. 6:MD. ABDUL AZIZ AHMED S/O- LATE KASEM ALI VILL.- CHANDMAMA PATHAR P.O. CHANDMAMA DIST.- BARPETA ASSAM PIN- 781332

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Advocate for the Petitioner : MR. K N CHOUDHURY

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Advocate for the Respondent : SC, SEC. EDU.

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– B E F O R E –

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HON’BLE THE CHIEF JUSTICE MR. SUDHANSHU DHULIA HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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01-09-2021

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The matter is taken up through video conferencing.

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Heard Mr. K.N. Choudhury, learned senior counsel for the appellant. Also heard Ms. P. Chakraborty, learned standing counsel, Education (Secondary) Department, appearing for the respondent Nos.1 to 4 and Mr. H.R.A. Choudhury, learned senior counsel, appearing for the respondent No.6/writ petitioner.

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This writ appeal has been filed challenging the judgment and order dated

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26.07.2021 passed by the learned Single Judge in WP(C) No.3208/2021.

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Since it is an admitted fact that the present writ appellant, who was one of the respondents in the writ petition, was not heard in the writ proceeding, therefore, without going into the merits of the case, we dispose of the writ appeal and remand the matter back to the learned Single Judge with a request to hear the writ appellant (respondent No.5 in the writ petition) along with the respondent No.6/writ petitioner and other respondents.

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Considering the fact that the respondent No.6/writ petitioner is going to retire from service after four months on attaining the age of superannuation, we request the learned Single Judge to re-hear and decide the matter as early as possible, for which the parties before this Court have given their assurance that they shall not seek any adjournment, unless extremely necessary. The matter is thus remanded before the learned Single Judge. Registry to notify an early date.

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In view of the above, we set aside the judgment and order of the learned Single Judge dated 26.07.2021.

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JUDGE CHIEF JUSTICE

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Comparing Assistant

The School Selection Committee of Abbas Ali Choudhury Memorial H.S School v. the State of Assam and 5 Ors.

Case brief

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The School Selection Committee of Abbas Ali Choudhury Memorial H.S School v. the State of Assam and 5 Ors.

Case brief

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What the court decided

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