Disposed

Kushal Choudhury v. the State of Assam and 2 Ors.

Gauhati HC10 Jun 2022WP(C)/5670/2017

Case brief

AI extract

What is this about?

Writ petitioner, appointed as LDA on honorary basis, sought direction for regular appointment. Upon unopposed submission, the Court directed the respondent Director to consider the petitioner's representation on its own merit and pass an order within two months, explicitly reserving opinion on merits. Order dated 10.06.2022.

What did the court decide?

Directed Respondent No. 2 to consider the petitioner’s representation dated 18.07.2017 on its own merit and pass appropriate order within 2 months.

Kushal Choudhury Vs the State of Assam and 2 Ors. — Education and Admissions | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010040042017

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

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Case No. : WP(C)/5670/2017

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KUSHAL CHOUDHURY

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S/O. SRI AKAN CH. CHOUDHURY, R/O. VILL. AND P.O. DAULASAL, P.S. MUKALMUA, DIST. NALBARI, ASSAM.

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VERSUS

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THE STATE OF ASSAM and 2 ORS.

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REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM, EDUCATION SECONDARY DEPTT., DISPUR, GUWAHATI-781006.

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2:THE DIRECTOR SECONDARY EDUCATION ASSAM

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KAHILIPARA GUWAHATI-19.

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3:THE INSPECTOR OF SCHOOLS N.D.C.

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NALBARI P.O. P.S. and DIST. NALBARI ASSAM

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Advocate for the Petitioner : MR.R S CHAUHAN

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Advocate for the Respondent :

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE NANI TAGIA

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ORDER

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Date : 10.06.2022

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Heard Mr. R. S. Chauhan, learned counsel for the petitioner. Also heard Ms. Dimpi Musahary, learned standing counsel, Secondary Education Department, Government of Assam.

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The petitioner who was appointed as a LDA on honorary basis under the School Managing Committee’s Resolution dated, 06.05.2004, in the Daulasal High School in Nalbari, has filed this writ petition, seeking a direction for his regular appointment as LDA against a vacant post in the said School.

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It is seen that the respondent authorities are yet to file the affidavit-inopposition.

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Mr. Chauhan, learned counsel for the petitioner, however, submits that this writ petition may be disposed of at this stage by directing the respondent No. 2 i.e. the Director of Secondary Education, Government of Assam, to dispose of the representation, dated 18.07.2017, submitted by the petitioner to the said respondent No. 2, praying for appointment as LDA in the vacant post at the High School.

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The prayer made by the learned counsel for the petitioner has not been opposed by Ms. Musahary, learned standing counsel, Secondary Education Department, Government of Assam. However, she submits that such a consideration can only be made in accordance with law.

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Page No.# 3/3

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Having heard the learned counsels appearing for the contesting parties, and as prayed for by the petitioner, this writ petition stands disposed of with a direction to the respondent No. 2 i.e. Director of Secondary Education, Government of Assam, to consider the petitioner’s representation, dated 18.07.2017, on its own merit and pass appropriate order within a period of 2 months from the date of receipt of a certified copy of this order which shall be furnished by the petitioner within a period of 10 days from today.

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It is made clear that the Court has not expressed any opinion on the merit of the contents of the representation submitted by the petitioner, referred to above, and the said representation shall be considered by the respondent No. 2 i.e. Director of Secondary Education, Government of Assam, strictly, in accordance with the rules applicable.

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JUDGE

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Comparing Assistant

Kushal Choudhury v. the State of Assam and 2 Ors.

Case brief

What is this about?

What did the court decide?

Kushal Choudhury v. the State of Assam and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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