Dismissed
Ranjan Kumar Das v. the State of Assam and 4 Ors.
Gauhati HCWP(C)/5799/2020
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GAHC010186922020 THE GAUHATI HIGH COURT…
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GAHC010186922020 THE GAUHATI HIGH COURT…
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GAHC010186922020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5799/2020
RANJAN KUMAR DAS
S/O LATE JATINDRA MOHAN DAS, R/O HOUSE NO-1, BRINDAVAN PATH, RUPNAGAR, GUWAHATI-32, DIST-KAMRUP(M)
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SECONDARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI6
GUWAHATI-21
3:THE SECRETARY ASSAM HIGHER SECONDARY EDUCATION COUNCIL BAMUNIMAIDAN
GUWAHATI-21
4:LACHIT BARKAKOTI @ LACHIT BARBARUAH THE DEPUTY SECRETARY (REGISTRATION PERMISSION AND RECOGNITION) ASSAM HIGHER SECONDARY EDUCATION COUNCIL GUWAHATI-21
TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR
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GUWAHATI-6
Advocate for the Petitioner : MR. U K NAIR
Advocate for the Respondent : SC, SEC. EDU.
BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
11-02-2021
Heard Mr. U. K. Nair, learned Senior counsel assisted by Mr. A. Chetri, learned counsel for the petitioner and Mr. D. Saikia, learned Senior counsel assisted by Mr. SMT Chistie, learned Standing counsel, Secondary Education Department for the respondent Nos. 1. Also heard Mr.T. C. Chutia, learned Standing counsel, AHSEC for the respondent Nos. 2 and 3, Mr. B. Gogoi, learned Standing counsel, Finance Department for the respondent No.5, and Mr. P. Gogoi, learned counsel for the respondent No.4.
Pursuant to the order dated 11.01.2021, Mr. Saikia, learned Senior counsel has placed the communication of the State Government in the Secondary Education Department dated 08.02.2021 and submitted that the Government has not yet given its approval to the proposal for filling up the post of Deputy Secretary (Registration, Permission and Recognition) that was sought for by the Assam Higher Secondary Education Council (AHSEC), stating that the Council requires the said post for smooth discharge of work related to permission, recognition and registration of students since the number of institutions and students have been boosted up in the recent years.
A detailed order was passed earlier on 11.01.2021 and as per Sub Section (2) of Section 12 of the Assam Higher Secondary Education Act, 1984, under which the AHSEC has been constituted, specifically provides that the Council may appoint any such officers or employees as it may consider necessary for the efficient discharge of its functions under the said Act on such terms and conditions as may be determined by the Regulations made by the Council, subject to the approval of the Government.
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The post of Deputy Secretary (Registration, Permission and Recognition) in the AHSEC has not yet been approved by the State Government and the same is pending before it.
In view of the above, the Court is of the opinion that this writ petition being premature, is not maintainable and accordingly dismissed.
Needless to say that as the provisions of the said 1984 Act is very specific, if the ASHEC fills up any such post on its own, not defined in the Regulation and without the prior approval of the Government, the same will be non est in eye of law.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the writ petition challenging the non-filling of a government-approved post is maintainable.
1 provisions across 1 enactments
Ranjan Kumar Das
The State of Assam
Assam Higher Secondary Education Council
Deputy Secretary (Registration Permission and Recognition), AHSEC
Commissioner and Secretary to the Govt. of Assam, Finance Department
Manash Ranjan Pathak
As recorded by the court registry
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