Disposed

Amalendu Paul and 4 Ors. v. the State of Assam and 3 Ors.

Gauhati HC18 May 2022WP(C)/786/2020

Case brief

AI extract

What is this about?

Petitioner challenged a government office memorandum regarding promotion procedures. The court closed the petition as infructuous because a newer notification superseded the challenged instrument, though liberty was granted to assail the new notification.

What did the court decide?

Writ petition closed as infructuous; liberty granted to assail subsequent notification issued on 8.3.2022.

Amalendu Paul and 4 Ors. Vs the State of Assam and 3… — Service and Employment | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010025202020

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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)/786/2020

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AMALENDU PAUL AND 4 ORS.

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S/O. LT. AMARESH CHANDRA PAUL, ASSTT. TEACHER, KALAIN ME MADRASSA, UNDER BEEO KATIGORAH, DIST. CACHAR, R/O. VILL. AND P.O. SRIGAURI, P.S. BADARPUR, DIST. KAMRIMGANJ, ASSAM, PIN-788815.

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2: SUFIA BEGUM LASKAR W/O. TAJAMUL ALI MAZUMDER ASSTT. TEACHER CUM I/C HEADMISTRESS SADIRKHAL ME SCHOOL UNDER BEEO KATIGORAH R/O. NIZ LABOURPUTA PART-II P.O. SADIRKHAL DIST. CACHAR ASSAM PIN-788815.

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3: TAJ UDDIN LASKAR S/O. LT. ABDUL MAZID LASKAR ASSTT. TEACHER GUMRAH PUBLIC ME SCHOOL UNDER BEEO KATIGORAH VILL. KALAIN DIGABOR P.O. KALAIN DIST. CACHAR ASSAM.

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4: FARIDA BEGUM BARBHUIYA @ SMT. FARIDA BARBHUIYA W/O. TAMIZUR RAHMAN BARBHUIYA ASSTT. TEACHER NIKAMA MV SCHOOL GANGANAGAR UNDER BEEO SONAI VILL. BAURIKANDI PART-II

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Page No.# 2/3

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P.O. HATIKHAL P.S. KACHUDARAM DIST. CACHAR ASSAM PIN-788116. 5: TAMIZUR RAHMAN BARBHIYA S/O. LT. AWAJID ALI BARBHUIYA ASSTT. TEACHER GHARBARAN AMAR CHAND PREMODAMOYEE ME SCHOOL UNDER DI OF SCHOOLS SILCHAR R/O. BHAURIKANDI PART-II P.O. HATIKHAL DIST. CACHAR ASSAM PIN-788116

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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, GUWAHATI-06.

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2:THE DIRECTOR OF ELEMENTARY EDUCATION

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ASSAM KAHILIPARA GUWAHATI-19. 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER

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CACHAR SILCHAR ASSAM PIN-788003.

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4:THE NATIONAL COUNCIL FOR TEACHER EDUCATION

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EASTERN REGIONAL COMMITTEE REP. BY ITS REGIONAL DIRECTOR 15 NILAKANTHA NAGAR NAYAPALLI BHUBANESWAR ORISSA PIN-751012

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Advocate for the Petitioner : MR. A K DUTTA

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Advocate for the Respondent : SC, ELEM. EDU

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BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

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Date : 18.5.2022

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Heard Mr. B. Purkayastha, learned counsel for the petitioner. Also heard Mr. N. J. Khataniar, learned Standing Counsel , Elementary Education department and Mr I. Alam, learned counsel for respondent No.4.

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By way of present writ petition the petitioner challenges the Clause 2 of the office memorandum dated 2.3.2010 laying down the procedure for promotion to the post of Head Master of ME/MEM/MV/ Senior Basic Schools. During the pendency of this writ petition, the Govt. of Assam in Elementary Education Department has issued another notification in supersession of the notification dated 2.3.2010(supra). In that view of the matter, nothing survives to be adjudicated in the present writ petition. Accordingly this writ petition is closed being infructuous. However liberty is granted to the petitioner to assail the subsequent notification 8.3.2022 if so advised and if aggrieved.

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The notification dated 8.3.2022 is kept on record and marked as document ‘X’.

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JUDGE

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Comparing Assistant

Amalendu Paul and 4 Ors. v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Amalendu Paul and 4 Ors. v. the State of Assam and 3 Ors.

Case brief

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What the court decided

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