Petitioner challenged Service Rules and termination order via writ. Court found cause of action no longer survived pending parallel petition and disposed of matter without prejudice.
Writ petition disposed of without prejudice to the interest of the parties in the pending writ petition.
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GAHC010055752018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1801/2018
ROMESH CHOWHAN
SRI RAMAKANTA CHOWHAN ASSISTANT TEACHER PHAKUAGRAM HIGHER SECONDARY SCHOOL, DIST. KARIMGANJ, R/O. VILL. GHUNGOOR, P.O. NIT, P.S. SILCHAR SADAR, DIST. CACHAR, ASSAM, PIN788010
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY, TO THE GOVT. OF ASSAM, DEPARTMENT OF SECONDARY EDUCATION, DISPUR, GUWAHATI, ASSAM, PIN-781006
2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI ASSAM PIN-781019
3:THE INSPECTOR OF SCHOOLS KDC KARIMGANJ P.O. AND DIST. KARIMGANJ ASSAM.
4:THE PRINCIPAL PHAKUAGRAM HIGHER SECONDARY SCHOOL DIST. KARIMGANJ ASSAM PIN-78872
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Advocate for the Petitioner : MR. B PURKAYASTHA
Advocate for the Respondent : SC, SEC. EDU.
BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 04.08.2022 ( R.M. Chhaya, CJ )
Heard Mr. B. Purkayastha, learned counsel for the petitioner. Also heard Mr. R. Mazumdar, learned Standing Counsel, Secondary Education Department, Assam, appearing for the State respondents.
By way of this writ petition, the petitioner has prayed for the following reliefs:
“ In the premises aforesaid, it is therefore, prayed that Your Lordship may be pleased to admit this petition, call for the records, issue a Rule calling upon the state respondents more particularly the respondent no. 1 to amend and/or modify the relevant provisions of the Schedule-II of the Assam Secondary Education (Provincialised) Service Rule, 2003 in the light of the mandates of the Notification dated 11.12.2014 issued by the NCTE in exercise of statutory power vested under the provisions of the NCTE Act, 1993, or in the alternative Your Lordship may be pleased to declare the impugned provisions of the Assam Secondary Education (Provincialised) Service Rule, 2003 as illegal, ultra vires, null and void as well as unconstitutional and further Your Lordships may be pleased to declare the impugned order of cancellation/termination dated 08.12.2017 (Annexure-11) issued by the Respondent no. 2 as illegal, null and void, and unlawful and be pleased to set aside and quash the same for the ends of justice and further Your Lordships may be pleased to direct the
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Respondnet nos 3 & 4 to show cause as to why an appropriate writ and/or order or direction should not be issued by directing the Respondent authorities to allow the petitioner to do his duties as Assistant Teacher (Hindi) of Phakuagram HS School, Karimganj as per his joining dated 14.06.2017 (Annexure-8A) submitted pursuant to his appointment order dated 09.06.2017 (Annexure-7B) issued by the respondent no. 3 and as per the direction dated 16.09.2017 passed by the Hon’ble Single Bench of this Hon’ble Court in WP(C) No. 5700 of 2017 (D/O) further Your Lordship may be pleased to direct the respondent no. 3 to ensure the joining of the petitioner as per his appointment order dated 09.06.2017 and after perusal of records and after hearing the party/parties Your Lordships may be pleased to make the Rule absolute and would pass such further order/orders as Your Lordships may deem fit and proper in the facts and circumstances of the case.
-AND-
In the interim during the pendency of this writ petition Your Lordships may be pleased to direct the respondent no. 3 to allow the petitioner to serve as Assistant Teacher, Hinti, at Phakuagram HS School, Karimganj as per the joining dated 14.06.2017 (Annexure-8A) submitted pursuant to the appointment order dated 09.06.2017 (Annexure-7B) issued by the respondent no. 3 by staying and/or suspending the impugned order dated 08.12.2017 (Annexure-11) and as per the direction dated 16.09.2017 (Annexure-9) passed by this Hon’ble Court in WP(C) No. 5700 of 2017 and further, Your Lordship may be pleased to direct the State respondents not to take any adverse action against the petitioner for the ends of justice.”
It has been pointed out at the Bar that the Assam Secondary Education (Provincialised) Service Rule, 2003 has already been repelled. Learned counsel for the
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parties have jointly submitted that the cause of action does not survive any more. Learned counsel for the petitioner Mr. Purkayastha further submits that the writ petitioner has filed another writ petition [WP(C) 6297/2019] challenging his termination order, which is pending before the learned Single Judge.
As the cause does not survive, this writ petition is disposed of without prejudice to the interest of the parties in the writ petition. Notices are discharged. No cost.
JUDGE CHIEF JUSTICE
Comparing Assistant
Romesh Chowhan
The State of Assam
Soumitra Saikia
R.M. Chhaya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
