In a writ petition challenging denial of promotion, the Gauhati High Court closed the petition held to have no live cause of action due to efflux of time. Liberty was granted to approach the Court again if a cause of action arose later.
Writ petition closed on the ground of non-existence of live cause of action.
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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GAHC010021672016
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4542/2016
AMAL KUMAR SINGHA
S/O. SRI NIKUNJA KR. SINGHA, R/O. LAKHIPUR TOWN, OPPOSITE OF SDO CIVIL OFFICE, P.O. and P.S. LAKHIPUR, DIST. CACHAR, ASSAM, PIN-788103.
VERSUS
THE STATE OF ASSAM AND 5 ORS REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM, EDUCATION DEPTT. SECONDARY, DISPUR, GHY.-06.
2:THE DIRECTOR
SECONDARY EDUCATION ASSAM KAHILIPARA GHY.-19.
3:THE INSPECTOR OF SCHOOLS
CACHAR DIST. CIRCLE SILCHAR P.O. and P.S. SILCHAR DIST. CACHAR ASSAM.
4:THE HEADMASTER
HAZI NUR UDDIN CHAUDHURY PUBLIC HIGH SCHOOL LALPANI P.O. JIRIGHAT DIST. CACHAR ASSAM.
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5:THE DIST. LEVEL SCRUTINY COMMITTEE
CACHAR REP. BY THE DY. COMMISSIONER CACHAR AT SILCHAR ASSAM.
6:ABDUL HOQUE MAJUMDAR
S/O. HAJI ABDUL JABBAR MAJUMDAR VILL. BANSKANDI P.O. BANSKANDI DIST. CACHAR ASSAM
Advocate for the Petitioner : MR.A DAS Advocate for the Respondent :
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
12-06-2023
Shri M. U. Mahmud, learned counsel for the petitioner submits that it is likely that by efflux of time, there may not be any cause of action.
Also heard Shri B. Kaushik, learned Standing Counsel, Secondary Education Department. Ms. S. R. Mazarbhuiyan, learned counsel has appeared for the private respondent.
Considering the above, writ petition is closed on the ground that there is no live cause of action.
Liberty is however granted to the petitioner to approach this Court, if in case, there is any existing cause of action.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the writ petition survives considering the efflux of time.
Amal Kumar Singha
The State of Assam
The Director Secondary Education Assam Kahilipara
The Inspector of Schools Cachar
The Headmaster Hazi Nur Uddin Chaudhury Public High School Lalpani
The Dist. Level Scrutiny Committee Cachar
Sanjay Kumar Medhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
