The Gauhati High Court, while hearing multiple unconnected writ petitions concerning admissions/recruitment, allowed the petitioners' prayer to withdraw the petitions with liberty to file afresh.
Petitioners' prayer for withdrawal with liberty to file afresh allowed; writ petitions dismissed on withdrawal.
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.
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GAHC010050252023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1273/2023
MOLOY SAMEER DUTTA AND 8 ORS. SON OF SRI MUKUL KUMAR DUTTA, RESIDENT OF DERGAON, WARD NO. 8, PHCG PATH, P.O.- DERGAON, DISTRICT- GOLAGHAT, ASSAM.
2: ZAKARIA HALIM SON OF LATE ZIAD ABDUL HALIM
RESIDENT OF BYE LANE 3 MILAN NAGAR
P.O.- C.R BUILDING DIBRUGARH
ASSAM
PIN- 786003.
RESIDENT OF G.S. COLONY
BHARALUKUKH GUWAHATI
DIST- KAMRUP(METRO) ASSAM.
RESIDENT OF BYELANE-1 HOUSE NO. 1
Page No.# 2/13
SHRIMANTA NAGAR PUBERUN PATH
BAGHARBARI PANJABARI
GUWAHATI ASSAM
PIN- 781037.
5: DR. DIMBALITA DEKA DAUGHTER OF LATE THANESWAR DEKA
RESIDENT OF HOUSE NO. 8 JYOTI PATH AMBIKAGIRI NAGAR
GUWAHATI ASSAM
PIN- 781024.
6: PRASENJIT BARMAN SON OF SHARAT CHANDRA BARMAN
RESIDENT OF VILLAGE- BALASUNDAR P.O.- BALASUNDAR
P.S.- FALAKATA
DISTRICT- ALIPURDUAR WEST BENGAL. PIN- 735211.
7: NIPAN BHANDAR KAYASTHA SON OF LATE PRADIP BHANDAR KAYASTHA
RESIDENT OF VILLAGE AND P.O.- HALOGAON
P.S.- SUALKUCHI DIST.- KAMRUP
ASSAM.
8: PRANAMI BHUYAN DAUGHTER OF MRIDUL BHUYAN
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RESIDENT OF RAMANAYPUR T.R.P. ROAD JORHAT ASSAM. PIN- 785001.
9: MD. SARFUL ALAM SON OF ABDUL JALIL
RESIDENT OF VILLAGE- RANIGRAM P.O.- JALALNAGAR T.E.
DISTRICT- KARIMGANJ ASSAM. PIN- 788712
VERSUS
THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (HIGHER) DEPARTMENT, DISPUR, GUWAHATI- 781006.
2:THE DIRECTOR TECHNICAL EDUCATION GOVERNMENT OF ASSAM KAHILIPARA GUWAHATI- 781019.
3:THE CHAIRMAN
ASSAM ENGINEERING SERVICE RECRUITMENT BOARD REPRESENTED BY ITS CHAIRMAN
ASSAM TEXTILE INSTITUTE CAMPUS
GUWAHATI- 781001
Advocate for the Petitioner : MR. K N CHOUDHURY
Advocate for the Respondent : SC, HIGHER EDU
Page No.# 4/13
Linked Case : WP(C)/1281/2023
MEHTAJ RIDWANA SAHIN AND 11 ORS DAUGHTER OF SAKENDAR ALI
RESIDENT OF KALPATARU NIVAS
NA-ALI NEAR LICHBARI MASJID
MANIK NAGAR LICHBARI MAJGAON
JORHAT ASSAM PIN- 785008.
2: SIDHARTHA DAS SON OF NIRAB KUMAR DAS
RESIDENT OF PNGB ROAD KALIBARI
TEZPUR SONITPUR ASSAM. PIN- 784001.
3: DHRUBAJYOTI BORA SON OF SRI KRISHNA BORA
RESIDENT OF PACHANIJAR KAMPUR
NAGAON ASSAM. PIN- 782426.
4: DEBASHIS SUT SON OF SRI DEBARAM SUT
RESIDENT OF VILLAGE GHAHIGAON DHAKUAKHANA
LAKHIMPUR ASSAM. PIN- 787055.
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DAUGHTER OF ASHIM BORTHAKUR RESIDENT OF SONALI JAYANTI NAGAR PULIBOR JORHAT. PIN- 785001.
6: CHHANDASHREE HAZARIKA DAUGHTER OF PAWAN CHANDRA HAZARIKA RESIDENT OF 61 PABHOI ROAD BISWANATH CHARIALI LEHU GAON ASSAM. PIN- 784176. 7: TARIQUE ALAM MAZUMDAR SON OF ABUL HUSSAIN MAZUMDAR RESIDENT OF NAZRUL SARANI WARD NO. 3 RANGAUTI PT-III RATANPUR ROAD HAILAKANDI ASSAM PIN- 788155. 8: SAIF UDDIN BARBHUIYA SON OF MOIN UDDIN BORBHUIYA RESIDENT OF LAKSIRBOND PART-II DISTRICT- HAILAKANDI ASSAM. PIN- 788156. 9: AKAN CHOUDHURY SON OF FARMAN ALI RESIDENT OF BARNI NEAR PRIMARY SCHOOL
KAMRUP ASSAM. PIN- 781102.
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10: SYED MUDDASHIR YASIN SON OF SYED MUBALLIGUR RAHMAN
RESIDENT OF 8 PARIJAT PATH HATIGOAN LITTLE FLOWER SCHOOL GUWAHATI ASSAM. PIN- 781038. 11: SHOMA BARBHUIYA DAUGHTER OF NAKIB AHMED LASKAR RESIDENT OF SHIV BARI ROAD NEAR MATERIAL TESTING INSTITUTE ATALBASTI SILCHAR MEDICAL COLLEGE CACHAR ASSAM. PIN- 788014. 12: MAYUR BARMAN SON OF RAMANI BARMAN RESIDENT OF GOPAL BAZAR NALBARI ASSAM. PIN- 781353 VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM EDUCATION (HIGHER) DEPARTMENT DISPUR GUWAHATI- 781006. 2:THE DIRECTOR TECHNICAL EDUCATION GOVERNMENT OF ASSAM KAHILIPARA GUWAHATI- 781019. 3:THE CHAIRMAN ASSAM ENGINEERING SERVICE RECRUITMENT BOARD REPRESENTED BY ITS CHAIRMAN ASSAM TEXTILE INSTITUTE CAMPUS
Page No.# 7/13
GUWAHATI- 781001.
-----------Advocate for : MR. K N CHOUDHURY Advocate for : SC HIGHER EDU appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : WP(C)/1278/2023 HIRANYA GOGOI AND 4 ORS. S/O JAGAT GOGOI R/O ERAPATHAR TENGAKHAT DIST-DIBRUGARH ASSAM PIN-786191
2: BIDYUT DEKA S/O BARUN CHANDRA DEKA R/O VILL-PHULBARI MORIGAON ASSAM PIN-782105 3: SMTI STUTEE CHAKRAVORTY C/O ANJAN KUMAR BHATTACHARYYA R/O TEZPUR UNIVERSITY NA-PAM SONITPUR ASSAM PIN-784028
4: SMTI NATASA BARUAH C/O UMANANDA BORUAH SHANKARDEV NAMGHAR PATH NALIAPOOL DIBRUGARH ASSAM PIN-786001 5: TANUJ KANTI DEY S/O TUSHAR KANTI DEY R/O VILL-WARD NO. 2 DABAKA TOWN DIST-NAGAON ASSAM PIN-782440
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VERSUS
THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM EDUCATION (HIGHER) DEPARTMENT DISPUR GUWAHATI-781006 2:THE DIRECTOR TECHNICAL EDUCATION GOVERNMENT OF ASSAM KAHILIPARA GUWAHATI-781019 3:THE CHAIRMAN ASSAM ENGINEERING SERVICE RECRUITMENT BOARD REPRESENTED BY ITS CHAIRMAN ASSAM TEXTILE INSTITUTE CAMPUS GUWAHATI-781001 -----------Advocate for : MR. K N CHOUDHURY Advocate for : SC HIGHER EDU appearing for THE STATE OF ASSAM AND 2 ORS. Linked Case : WP(C)/1291/2023 DR. BANAJIT SARMAH AND 5 ORS C/O- LT. LAKHESWAR SARMA RESIDENT OF PUBERUN APARTMENT SURVEY BELTOLA GUWAHATI KAMRUP ASSAM PIN- 781028. 2: NIHARIKA DAS C/O. GUNESWAR DAS RESIDENT OF RAHA WARD NO. 3 HOUSE NO. 103
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NAGAON ASSAM
PIN- 782103.
3: DR. BIDIKA PHUKAN C/O- BIMAL CHANDRA PHUKAN
RESIDENT OF FLAT NO. 3B
RISHANG RESIDENCY GOTANAGAR
GUWAHATI KAMRUP(METRO)
ASSAM. PIN- 781011.
4: DR. SHAZIDA BEGUM C/O- MUSLIMUDDIN AHMED
RESIDENT OF NAZIRA NAGAR WARD NO. 5
NAZIRA DISTRICT- SIVASAGAR
ASSAM
PIN- 785685.
5: DR. ASHIM CHANDRA BHOWAL C/O- GOBINDA CHANDRA BHOWAL
RESIDENT OF S.K. DEV ROY ROAD
WARD NO. 11 KRISHNA NAGAR
HOJAI PIN- 782435.
6: DR. MRIDUSHMITA PHUKAN WIFE OF DR. MRIDUPAWAN SAIKIA
RESIDENT OF HOUSE NO. 30 U.N. BRAHMA PATH
RUPNAGAR
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GUWAHATI KAMRUP(METRO) ASSAM. PIN- 781032. VERSUS
THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM EDUCATION (HIGHER) DEPARTMENT DISPUR GUWAHATI- 781006. 2:THE DIRECTOR TECHNICAL EDUCATION GOVERNMENT OF ASSAM KAHILIPARA GUWAHATI- 781019. 3:THE CHAIRMAN ASSAM ENGINEERING SERVICE RECRUITMENT BOARD REPRESENTED BY ITS CHAIRMAN ASSAM TEXTILE INSTITUTE CAMPUS GUWAHATI- 781001. -----------Advocate for : MR. K N CHOUDHURY Advocate for : SC HIGHER EDU appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : WP(C)/1287/2023
IKBAL BAHAR LASKAR AND 3 ORS S/O- AKAL ALI LASKAR
R/O- VILLAGE SAIDPUR PART II P.O- NIT SILCHAR ASSAM PIN-788013
2: PRANAB KUMAR OJAH S/O- APURBA KUMAR OJAH
R/O- HOUSE NO 3 BISHNU PATH
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RGB ROAD NEAR ASSAM STATE ZOO KAMRUP (M) ASSAM PIN-781024
3: EMON BARUA S/O- RATUL BARUA R/O- HOUSE NO 24 ARUNODOY PATH CHRISTIAN BASTI DISPUR KAMRUP (M) ASSAM PIN-781005 4: ABHINABA PAUL S/O- AMRIT LAL PAUL
R/O- HOUSE NO 45 2ND LINK ROAD LANE NO-9 SILCHAR CACHAR ASSAM PIN-788006 VERSUS THE STATE OF ASSAM AND 2 ORS TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EDUCATION (HIGHER) DEPARTMENT DISPUR GHY-06 2:THE DIRECTOR TECHNICAL EDUCATION GOVT. OF ASSAM KAHILIPARA GUWAHATI-19 3:THE CHAIRMAN ASSAM ENGINEERING SERVICE RECRUITMENT BOARD REP. BY ITS CHAIRMAN ASSAM TEXTILE INSTITUTE CAMPUS GUWAHATI-01 -----------Advocate for : MR. K N CHOUDHURY
Page No.# 12/13
Advocate for : SC HIGHER EDU appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : WP(C)/1280/2023
DR. ADIL AKHTAR AND 4 ORS. S/O LATE NUR AFRUZ AHMED R/O KHAMAR MANIKPUR P.O.-KRISHNAI DIST-GOALPARA PIN-783126 2: DR. KHAIRUJJAMAN LASKAR S/O SAKAT ALI LASKAR R/O VILL-BHATIRKUPA PART-3 P.O.-BHATIRKUPA DIST-HAILAKANDI PIN-788152 3: NANDIT NANDAN PRASANTA GAYAN S/O LATE P.K. GAYAN R/O MADHUPUR NAGAON PIN-782003
4: DR. SANGEETA BARUAH D/O LATE SUPRATIM BARUAH R/O NUMALIGARH GOLAGHAT ASSAM PIN-785699
5: DR. MAITRAYEE SAIKIA D/O LATE PARAMA SAIKIA R/O HATIGAON BISHNU JYOTI PATH HOUSE NO. 17 GUWAHATI PIN-781038 VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM EDUCATION (HIGHER) DEPARTMENT DISPUR
Page No.# 13/13
GUWAHATI-781006
2:THE DIRECTOR TECHNICAL EDUCATION GOVERNMENT OF ASSAM KAHILIPARA GUWAHATI-781019 3:THE CHAIRMAN ASSAM ENGINEERING SERVICE BOARD REPRESENTED BY ITS CHAIRMAN ASSAM TEXTILE INSTITUTE CAMPUS GUWAHATI-781001
-----------Advocate for : MR. K N CHOUDHURY
Advocate for : SC HIGHER EDU appearing for THE STATE OF ASSAM AND 2 ORS.
BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER
04-04-2023
Heard Mr. R.M.Deka, learned counsel for the petitioners and Mr. S. Bhuyan, learned Standing counsel, Higher Education Department, Assam for the respondents.
On instructions of the petitioners, Mr. Deka, learned counsel, prays for withdrawal of these writ petitions with a liberty to file afresh as and when any fresh cause of action arises.
Prayer is allowed.
Accordingly, these writ petitions stand dismissed on withdrawal.
Liberty as prayed for, so granted.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to accede to the petitioners' request for withdrawal of the writ petitions with liberty to file afresh.
MOLOY SAMEER DUTTA AND 8 ORS.
THE STATE OF ASSAM AND 2 ORS.
MANASH RANJAN PATHAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
