Allowed

Taj Uddin Laskar and 12 Ors, v. the State of Assam and 3 Ors..

Gauhati HC14 Sept 2022Review.Pet./142/2022

Case brief

AI extract

What is this about?

Review petitioners belonging to Elementary Education Department sought to amend the effective authority and advertisement date mentioned in a previous judgment. The court allowed the review to direct that applications be submitted to the Elementary Education Department Secretary. Disposition: Allowed. Relief: Paragraph 14 of the impugned order read as wat referring to Elementary Education Departme

What did the court decide?

Paragraph 14 of the judgment dated 30.05.2022 in WP(C) No. 4177/2020 read as referring to Secretary to Govt of Assam in Elementary Education Department for petitioners.

Taj Uddin Laskar and 12 Ors, Vs the State of Assam… — Service and Employment | Gauhati HC (2022)

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GAHC010158402022

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

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Case No. : Review.Pet./142/2022

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TAJ UDDIN LASKAR AND 12 ORS, S/O LT. JAHIR UDDIN LASKAR, R/O- VILL- SAYEDBOND PART-I, P.O. KALIBARI, P.S. ALGAPUR, DIST.- HAILAKANDI, ASSAM, PIN- 788150

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2: ZAKIR HUSSAIN BARBHUIYA S/O- NURUL ISLAM BARBHUIYA R/O- VILL- VICHINGCHA PART-2 P.O. VICHINGCHA P.S. HAILAKANDI DIST.- HAILAKANDI ASSAM PIN- 788151

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3: ABDUL KAIYUM LASKAR S/O- SOMAR UDDIN LASKAR R/O- VILL- PALOICHERRAPUNJI-III P.O. SULTANICHERRA P.S. RAMNATHPUR DIST.- HAILAKANDI ASSAM PIN- 788162

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4: SALEHA BEGUM LASKAR W/O- SHAFIQUL ISLAM LASKAR R/O- VILL- KANCHANPUR P.O. KANCHANPUR P.S. HAILAKANDI DIST.- HAILAKANDI ASSAM PIN- 788151

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5: MONOWARA BEGUM LASKAR D/O- SAWKAT ALI LASKAR R/O- VILL- NIAMOTHPUR

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P.O. SARBANANDAPUR P.S. LALA DIST.- HAILAKANDI ASSAM PIN- 788163 6: SAMSUL HOQUE LASKAR S/O- LT. LALU MIYA LASKAR R/O- VILL- KACHUDARAM PART-II P.O. AND P.S. KACHUDARAM DIST.- CACHAR ASSAM PIN- 788119 7: SABUL ALOM BARBHUIYA S/O- KUTI MIA BARBHUIYA R/O- VILL- KACHUDARAM PART-I P.O. AND P.S. KACHUDARAM DIST.- CACHAR ASSAM PIN- 788119 8: NAMITA SARKAR W/O- BADAL SHARMA R/O- VILL- PATIDOI VERELA P.O. GARUBANDHA P.S. MISSAMARI DIST.- SONITPUR (ASSAM) PIN- 784506 9: ILA SARKAR D/O- GOPAL CHANDRA SARKAR R/O- VILL- SOUTH HILL COLONEY LUMDING P.O. AND P.S. LAMDING DIST.- HOJAI ASSAM PIN- 782447 10: UJJAL DAS S/O- RAJBALLAV DAS R/O- VILL- SOUTH TOKRERCHARA PART-IV P.O. GOLAKGANJ P.S. GOLAKGANJ DIST.- DHUBRI ASSAM PIN- 783334 11: SAFATUN NESSA BARBHUIYA

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D/O- LT. ABDUL WAHAB BARBHUIYA R/O- VILL- BHABANIPUR P.O. AMALA P.S. LALA DIST.- HAILAKANDI ASSAM PIN- 788164 12: SYEDA AMINA ISLAM D/O- LT. MD. FOKHRUL ISLAM R/O- VILL- BERENGA P.O. BERENGA P.S. SILCHAR SADAR DIST.- CACHAR ASSAM PIN- 788005 13: HIMADRI KALITA W/O- PULEN DUTTA R/O- VILL- RANGIA WARD NO.7 P.O. AND P.S. RANGIA DIST.- KAMRUP (R) ASSAM PIN- 78135 VERSUS

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THE STATE OF ASSAM AND 3 ORS.. REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPTT., DISPUR, GHY-06

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2:THE PERSONAL (B) DEPTT. GOVT. OF ASSAM REP. BY ITS PRINCIPAL SECY. DISPUR GHY-6 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-19 4:THE MISSION DIRECTOR AXOM SARBA SIKSHA ABHIYAN MISSION KAHILIPARA GHY-1

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Advocate for the Petitioner : MR. J LASKAR

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 14-09-2022

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Heard Mr. J Laskar, learned counsel for the review petitioners. Also heard Mr. N J Khataniar, learned counsel for the authorities under the Education Department both Secondary and Elementary.

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The review petitioners who were writ petitioners no. 1, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 16 and 17 in WP(C) No. 4177/2020 has instituted this review petition against the common judgment and order dated 30.05.2022 in WP(C) No. 2238/2020 and other writ petitions which also includes WP(C) No. 4177/2020.

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By the said judgment and order dated 30.05.2022 in paragraph 14, the writ petitioners were required to submit individual applications before the Secretary to the Government of Assam in the Secondary Education Department who shall, by taking note of the provisions of Clause 4 of the notification dated 03.05.1951 pass a reasoned order on such applications by taking into account the interest of fair dealing as well as the public interest that may be involved.

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This review petition is instituted that the review petitioners herein who are the writ petitioners no. 1, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 16 and 17 in WP(C)/4177/2020 are from the Elementary Education Department and not from the Secondary Education Department and therefore, their respective applications for condoning the upper age limit ought to be before the Secretary to the Government of Assam in the Elementary Education Department.

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Accordingly, paragraph 14 of the judgment and order dated 30.05.2022 in WP(C)/4177/2020 in respect of the present review petitioners namely, Taj Uddin Laskar, Zakir Hussain Barbhuiya, Abdul Kaiyum Laskar, Saleha Begum Laskar, Monowawra Begum Laskar, Samsul Hoque Laskar, Sabul Alom Barbhuiya, Namita Sarkar, Ila Sarkar, Ujjal Das, Safatun

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Nessa, Syeda Anima Islam and Himadri Kalita be read to be the Secretary to the Government of Assam in the Elementary Education Department while retaining the other provisions of the said judgment and order dated 30.05.2022 in WP(C) No. 2238/2020 and other writ petitions. Correspondingly, the date of the relevant advertisement be also construed to be the date of advertisement in respect of the Elementary Education Department and not the Secondary Education Department.

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Review petition is allowed as indicated above.

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JUDGE

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Comparing Assistant

Taj Uddin Laskar and 12 Ors, v. the State of Assam and 3 Ors..

Case brief

What is this about?

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Taj Uddin Laskar and 12 Ors, v. the State of Assam and 3 Ors..

Case brief

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