Allowed

Niladri Sankar Das and 6 Ors. v. the State of Assam and 3 Ors.

Gauhati HC14 Sept 2022Review.Pet./143/2022

Case brief

AI extract

What is this about?

This review petition challenged an order directing applicants from the Elementary Education Department to approach the Secondary Education Department for condonation of age limits. The court revised the directive to specify the Elementary Education Department authority as the correct forum.

What did the court decide?

Paragraph 14 of the impugned judgment was amended to direct that applications be made to the Secretary to the Government of Assam in the Elementary Education Department.

Niladri Sankar Das and 6 Ors. Vs the State… — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010175592022

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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./143/2022

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NILADRI SANKAR DAS AND 6 ORS. S/O. LT. NRIPENDRA KUMAR DAS, VILL. HAILAKANDI, WARD NO.3 (MODEL COLONY) P.O. HAILAKANDI, P.S. HAILAKANDI, DIST. HAILAKANDI, ASSAM, PIN-788151

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2: ALTAF HUSSAIN S/O. NIMAR ALI VILL. RATANPUR PART-I P.O. RATANPUR P.S. HAILAKANDI DIST. HAILAKANDI ASSAM PIN-788155

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3: KRISHNA GOPAL SINHA S/O. LT. KRISHNA DHAN SINHA VILL. MANTRIGRAM P.O. KALKALIGHAT P.S. PATHARKANDI DIST. KARIMGANJ ASSAM PIN-788725.

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4: JAHAN UDDIN MAZUMDAR S/O. ABDUL KAYUM MAZUMDER VILL. NIMAICHANDPUR-2 P.O. NIMAICHANDPUR P.S. LALA DIST. HAILAKANDI ASSAM PIN-788168.

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5: SANTOSH TURIYA S/O. LT. RAMKISHAN TURIYA

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VILL. SAOTH KACHUBARI P.O. CHANDKHIRS P.S. PATHARKANDI DIST. KARIMGANJ ASSAM PIN-788725. 6: JAMAL HUSSAIN CHOUDHURY S/O. ABDUL GOFUR CHOUDHURY VILL. BOALIPAR-3 P.O. BOALIPAR BAZAR P.S. HAILAKANDI DIST. HAILAKANDI ASSAM PIN-788155 7: FAZLUL HAQUE BARBHUIYA S/O. LT. ABDUL SATTAR BARBHUIYA VILL. CHIPOSANGAN P.O. CHIPORSANGAN P.S. ALGAPUR DIST. HAILAKANDI ASSAM PIN-788801 VERSUS

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THE STATE OF ASSAM AND 3 ORS

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REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPTT., DISPUR, GUWAHATI-781006.

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2:THE PERSONAL (B) DEPTT.

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GOVT. OF ASSAM REP. BY ITS PRINCIPAL SECRETARY DISPUR GHY.-06. 3:THE DIRECTOR OF ELEMENTARY EDUCATION

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ASSAM KAHILIPARA GUWAHATI-19.

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4:THE MISSION DIRECTOR

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AXOM SARBA SIKSHA ABHIYAN MISSION KAHILIPARA

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GUWAHATI-781019

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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 in WP(C) No. 4140/2020 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. 4140/2020.

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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 in WP(C)/4140/2020 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, Niladri Sankar Das, Altaf Hussain, Krishna Gopal Sinha, Jahan Uddin Mazumder, Santosh Turiya, Jamal Hussain

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Chuodhury and Fazlul Haque Barbhuiya 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

Niladri Sankar Das and 6 Ors. v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Niladri Sankar Das and 6 Ors. v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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