This writ petition, directed against the State of Assam and education officials, was withdrawn by the petitioner. The Court allowed the withdrawal and dismissed the petition.
Withdrawal of the writ petition with liberty to file afresh allowed; interim order vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/3
GAHC010108252021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3566/2021
MD. ABDUL MANNAN BEPARI S/O- ABDUL KADER BEPARI, VILL- DHARMASALA PT-III, P.O. DHARMASALA, P.S. DHUBRI, DIST.- DHUBRI, ASSAM, PIN- 783324
VERSUS
THE STATE OF ASSAM AND 5 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, ELEMENTARY EDUCATION DEPTT., DISPUR, GHY-06
2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM-CUM-CHAIRMAN OF STATE LEVEL SCRUTINY COMMITTEE ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-19
3:THE DY. COMMISSIONER-CUM-CHAIRMAN OF DISTRICT SCRUTINY COMMITTEE (ELEMENTARY EDUCATION) DHUBRI P.O. AND P.S. DHUBRI DIST.- DHUBRI ASSAM PIN- 783301
4:THE DISTRICT ELEMENTARY EDUCATION OFFICER-CUM-MEMBER SECRETARY OF DISTRICT LEVEL SCRUTINY COMMITTEE DHUBRI P.O. AND P.S. DHUBRI DIST.- DHUBRI ASSAM PIN- 783301
Page No.# 2/3
5:THE BLOCK ELEMENTARY EDUCATION OFFICER GAURIPUR P.O. AND P.S. GAURIPUR DIST.- DHUBRI ASSAM PIN- 783330 6:ABUL KALAM AZAD ASSTT. TEACHER OF CHAR BINNACHARA SIMANTA M.E. SCHOOL VILL- BINNACHARA PT-I P.O. BALADOBA P.S. GOLAKGANJ DIST.- DHUBRI ASSAM PIN- 78333
Advocate for the Petitioner : MR. M R KHANDAKAR
Advocate for the Respondent : SC, ELEM. EDU
BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
14-11-2022
Heard Mr. M. R. Khandakar, learned counsel for the petitioner and Mr. P. K. Deka, learned Standing Counsel, Elementary Education Department for the respondent Nos. 1, 2, 4 and 5. Also heard Mr. G. Pegu, learned Government Advocate, Assam for the respondent No. 3 and Mr. A. T. Sarkar, learned counsel for the respondent No.6.
On instruction of the petitioner, Md. Abdul Mannan Bepari, his counsel, namely, Mr. M. R. Khandakar prays for withdrawal of this writ petition with liberty to file afresh as and when a new cause of action arises, to which the learned counsel for the respondents have no objection.
Page No.# 3/3
Prayer is allowed.
Accordingly, this writ petition being not pressed, stands dismissed.
Liberty as prayed for, so granted.
The interim order passed earlier in this proceeding on 09.08.2021 accordingly stands vacated.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner is entitled to withdraw the writ petition with liberty to file a fresh petition.
Md. Abdul Mannan Bepari
The State of Assam
Comm. and Secy. to the Govt. of Assam
Director of Elementary Education Assam
Dy. Commissioner-Cum-Chairman of District Scrutiny Committee
District Elementary Education Officer
Manash Ranjan Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
