Dismissed

Rashmi Dutta Roy (Dass) v. B Kalyan Chakravarty and 2 Ors.

Gauhati HC25 Apr 2022Cont.Cas(C)/495/2021

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a contempt petition alleging violation of a selection order. The Court directed the Director of Secondary Education to consider individual signed sheets of the Selection Committee, dispensing with the unanimous signature requirement due to a member's resignation, and extended the deadline.

What did the court decide?

The Director of Secondary Education was directed to consider individual sheets signed by the Selection Committee, proceed with selection dispensing with the unanimous signature requirement, and comple

Rashmi Dutta Roy (Dass) Vs B Kalyan… — Public Procurement and Tenders | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010219062021

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

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Case No. : Cont.Cas(C)/495/2021

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RASHMI DUTTA ROY (DASS) I/C PRINCIPAL, TINSUKIA BENGALI GIRLS H.S. SCHOOL, P.O. AND DIST. TINSUKIA, ASSAM.

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VERSUS

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B KALYAN CHAKRAVARTY AND 2 ORS IAS PRINCIPAL SECRETARY TO THE GOVT. OF ASSMA, EDUCATION (SECONDARY) DEPTT., DISPUR, GUWAHATI-6, RESENTLY I/C COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (SECONDARY) DEPTT.

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2:MAMATA HOJAI DIRECTOR OF SECONDARY EDUCATION ASSAM CUM MEMBER SECRETARY STATE SELECTION COMMITTEE ASSAM KAHILIPARA GUWAHATI-781019.

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3:BITOPAN HAZARIKA INSPECTOR OF SCHOOLS TINSUKIA DSITRICT CIRCLE TINSUKIA ASSAM-786125

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Advocate for the Petitioner : MR. S K DAS

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Advocate for the Respondent : MR S M T CHISTIE (r-1)

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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Date : 25-04-2022

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Heard Mr. SK Das, learned counsel for the petitioner. Also heard Mr. SMT Chistie, learned counsel for respondent No.1 and Mr. R Mazumder, the learned counsel for respondent No.2.

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The instant contempt petition had been filed alleging willful and deliberate violation of the order dated 11.11.2021 passed by this Court in WP(C) No.7070/2017, whereby this Court directed the Director of Secondary Education to take further steps to take forward the selection process from the stage of the Statements of marks being prepared by the School Selection Committee and signed by all the four members of the Selection Committee and thereafter, bring it to its logical end meaning thereby the statement of marks being accordingly acted upon and the panel list of the three candidates which are discernible from such statement of marks be forwarded to the Director for being placed before the State Selection Board and the State Selection Board may take their appropriate decision based on the materials on record and prepare a select list as required under Rule 13(4) of the Assam Secondary Education (Provincialised) Service Rules, 2003. It was further directed that upon the select list being prepared the same being placed before the Government for approval and if the Government approves the same, the subsequent needful be done.

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The learned counsel for the respondent No.2 Mr. R Mazumder, submits that pursuant to the order dated 11.11.2021, the President of the School Management and Development Committee who was also the member of the Selection Committee had resigned and as such, upon his resignation it is not possible to get the statement of marks signed by all the four members of the Selection Committee and as such submits that if the respondent No.2 i.e., the Director of Secondary Education is permitted to take into account the statement of marks of each of the individual members of the selection committee then the

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orders passed by this Court can be brought to a logical conclusion.

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Taking into consideration that this Court in its order dated 11.11.2021 had observed that the Joint Director had taken note of only the cumulative statement of marks while at the same time ignoring the individual sheets which were duly signed by the four members of the Selection Committee, this Court deems it appropriate that the order passed by this Court be duly compiled with thereby directing the Director of Secondary Education Assam to take into account the individual sheets which were duly signed by the four members of the Selection Committee and thereupon proceed with the selection in the manner indicated in paragraph No.16 of the order dated 11.11.2021. The requirement of signing by all the four members of the selection committee is dispensed with as the same cannot be done at this stage as one of the members have resigned.

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The above direction so passed shall be a part of the order dated 11.11.2021. It is further observed that as the period so granted by this Court vide its order dated 11.11.2021 was to complete the entire exercise within a period of 3 (three) weeks from the date of a certified copy of the order served upon the Director of Secondary Education, this Court therefore extends the said period by a further three weeks from the date of the instant order, taking into consideration that the respondent No.2, the Director of Secondary Education Department is a party to the instant proceedings and is personally present through her counsel.

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The contempt petition stands disposed of accordingly.

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JUDGE

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Comparing Assistant

Rashmi Dutta Roy (Dass) v. B Kalyan Chakravarty and 2 Ors.

Case brief

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Rashmi Dutta Roy (Dass) v. B Kalyan Chakravarty and 2 Ors.

Case brief

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