Dismissed

Bipin Chandra Das v. Smti. Bijoya Choudhury

Gauhati HC4 May 2023Cont.Cas(C)/652/2022

Case brief

AI extract

What is this about?

This is an order dismissing a contempt petition because the respondent complies with the previous direction. The Secretary to the Govt found the school eligible for provincialisation and directed the Director of Elementary Education to proceed with the proposal.

What did the court decide?

The contempt petition stands dismissed on the ground that it is now infructuous due to compliance by the respondent.

Bipin Chandra Das Vs Smti. Bijoya Choudhury — Education and Admissions | Gauhati HC (2023)

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Page No.# 1/2

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GAHC010234072022

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

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Case No. : Cont.Cas(C)/652/2022

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BIPIN CHANDRA DAS

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S/O LATE BHOM DAS, R/O VILL- KURUABAHI NAGAYA GAON, P.O.KURUABAHI SATRA, DIST- GOLAGHAT, ASSAM

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VERSUS

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SMTI. BIJOYA CHOUDHURY

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SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI-06

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Advocate for the Petitioner : MR. M KHAN Advocate for the Respondent : SC, ELEM. EDU

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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04-05-2023

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Matter pertains to non-compliance of the order dated 30.07.2022, passed in WP(C) No. 4859/2022.

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Heard Mr. M. Khan, learned counsel for the petitioner and Ms. N. Phukan, learned counsel for the sole respondent/contemnor.

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During the deliberation of the matter, Ms. Phukan placed before the Court a copy of the Speaking Order under No.Ecf.225557/185 dated 31.03.2023, whereby the appeal of the petitioner submitted under Section 14 of the the Assam Education

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(Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017, was considered and found that Kuruabahi Nagaya L. P. School possess the land measuring 1 Bigha of N. K. Patta No.1 of Dag No.566 since 1994 on being donated by Kuruabahi Satra and in that regard the Circle Officer Bokakhat issued occupation certificate as well as possession certificate.

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By the said Speaking Order dated 31.03.2023, the Secretary to the Government of Assam in the Department of School Education found that Kuruabahi Nagaya L. P. School is eligible for provincialisation under the said 2017 Act and accordingly directed the Director of Elementary Education, Assam to place the proposal for provincialisation of said Kuruabahi Nagaya L. P. School of Golaghat district again before the State Level Committee for further necessary follow up action as per the said 2017 Act.

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In view of the above, as the sole respondent/contemnor has complied with the order dated 30.07.2022, passed in WP(C) No. 4859/2022, there is no such contempt on the part of the said respondent/contemnor.

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Accordingly, this contempt petition being infructuous stands dismissed.

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Copy of the Speaking Order dated 31.03.2023 of the Secretary to the Government of Assam, Department of School Education, placed before the Court today by Ms. N. Phukan, learned Standing Counsel, Department of School Education be kept as part of the record.

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JUDGE

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Comparing Assistant

Bipin Chandra Das v. Smti. Bijoya Choudhury

Case brief

What is this about?

What did the court decide?

Bipin Chandra Das v. Smti. Bijoya Choudhury

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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