Smti Makhani Hazarika Vs the State of Assam — Gauhati HC (2025) — LawSathi Research

Smti Makhani Hazarika Vs the State of Assam — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Correction of the Cause Title of WP(C) 2055/2025 and of paragraph-4 of the impugned order dated 10.04.2025 ordered; Registry directed to record respondent no.4 as the Headmaster of Kathalpara High School, P.O & P.S. Dhenukhana, District-Lakhimpur, Assam, Pin-787053 instead of the Headmaster of Subansiri Kaiwarta High School, Bebejia; I.A.(C) disposed of.

Issue for consideration

Whether the Cause Title of WP(C) 2055/2025 and paragraph-4 of the order dated 10.04.2025 passed therein wrongly recorded respondent no.4 as the Headmaster of Subansiri Kaiwarta High School, Bebejia, instead of the Headmaster of Kathalpara High School, P.O & P.S. Dhenukhana, District-Lakhimpur, Assam, Pin-787053, and warranted correction. +1 more

Court's answer

There has been a mistake committed by the applicant in the Cause Title relating to respondent no.4, which had led to an unintentional mistake being made in paragraph-4 of the impugned order dated 10.04.2025 passed in WP(C) 2055/2025.

Ratio / Principle

The application for correction of the Cause Title of WP(C) 2055/2025 and of paragraph-4 of the impugned order dated 10.04.2025 passed in WP(C) 2055/2025 is allowed.

Key takeaways

The Registry is directed to correct the Cause Title relating to respondent no.4 in the disposed of writ petition and in paragraph-4 of the impugned order dated 10.04.2025 passed in WP(C) 2055/2025.ratio¶22
Respondent no.4 shall be considered to be the Headmaster of Kathalpara High School, P.O & P.S. Dhenukhana, District-Lakhimpur, Assam, Pin-787053 instead of the Headmaster of Subansiri Kaiwarta High School, Bebejia, P.O.-Mornoi Bebejia, District-Lakhimpur, Assam, Pin-787055.ratio¶23

Detailed headnote1 paragraphs

Gauhati High Court (Hon'ble Mr. Justice Michael Zothankhuma), I.A.(Civil)/2466/2025, order dated 03.09.2025. Interlocutory application arising out of WP(C) 2055/2025 (Smti Makhani Hazarika v. State of Assam and others). The applicant sought correction of the Cause Title of the disposed-of writ petition and of paragraph-4 of the order dated 10.04.2025, in which respondent no.4 had been wrongly recorded as the Headmaster of Subansiri Kaiwarta High School, Bebejia, P.O.-Mornoi Bebejia, District-Lakhimpur, Assam, Pin-787055, instead of the Headmaster of Kathalpara High School, P.O & P.S. Dhenukhana, District-Lakhimpur, Assam, Pin-787053. Learned counsel for the Secondary Education Department (Mr. T. Thakuria) raised no objection to the prayer. Finding that the applicant's mistake in the Cause Title had caused an unintentional error in paragraph-4 of the earlier order, the Court allowed the application, directed the Registry to effect the corrections in the Cause Title and in paragraph-4 of the order dated 10.04.2025, declared respondent no.4 to be the Headmaster of Kathalpara High School, P.O & P.S. Dhenukhana, District-Lakhimpur, Assam, Pin-787053, and disposed of the I.A.(C).

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GAHC010170832025

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

Case No. : I.A.(Civil)/2466/2025

SMTI MAKHANI HAZARIKA

W/O GAGAN SAIKIA ,R/O BEBEJIA MAJGAON,P.O. -MORNOI BEBEJIA,P.S. -GHILAMARA ,DISTRICT - LAKHIMPUR,ASSAM, PIN-787055

VERSUS

THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, SECONDARY EDUCATION DEPARTMENT ,DISPUR, GUWAHATI - 781006

2:THE DIRECTOR TO THE GOVERNMENTOF ASSAM SECONDARY EDUCATION DEPARTMENT KAHILIPARA GUWAHATI -781019 ASSAM. 3:THE INSPECTOR OF SCHOOL LAKHIMPUR DISTRICT CIRCLE DISTRICT -NORTH LAKHIMPUR PIN -787001. 4:THE HEADMASTER OF SUBANSIRI KAIWARTA HIGH SCHOOL BEBEJIA MORNOI BEBEJIA LAKHIMPUR ASSA

Advocate for the Petitioner : MS A.SARMA, MR. A BUJARBARUAH

Advocate for the Respondent : SC, SEC. EDU.,

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

ORDER

03.09.2025

Heard Mrs. A. Bujarbaruah, learned counsel for the applicant, who submits that the name of the school relating to respondent no.4 was wrongly written in the Cause Title of WP(C) 2055/2025. She submits that respondent no.4 should have been recorded as the Headmaster of Kathalpara High School, P.O & P.S. Dhenukhana, District-Lakhimpur, Assam, Pin-787053 instead of Subansiri Kaiwarta High School, Bebejia, P.O.-Mornoi Bebejia, District-Lakhimpur, Assam, Pin-787055.

Accordingly, while disposing the writ petition, vide order dated 10.04.2025, the Cause Title of respondent no.4 was wrongly recorded in the said order. Further, paragraph-4 of the impugned order dated 10.04.2025 had incorrectly recorded the respondent no.4 as the Headmaster of Subansiri Kaiwarta High School, Bebejia, Lakhimpur instead of Kathalpara High School, P.O & P.S. Dhenukhana, District-Lakhimpur, Assam, Pin-787053. She accordingly submits that the mistake should be corrected in the Cause Title of the disposed of writ petition relating to respondent no.4 and in the impugned order dated 10.04.2025 at paragraph-4.

Mr. T. Thakuria, learned counsel for the Secondary Education Department submits that he has got no objection to the prayer made by the applicant’s counsel.

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In view of the submissions made by the counsels for the parties and keeping in view the fact that there has been a mistake committed by the applicant in the Cause Title relating to respondent no.4, which had led to an unintentional mistake being made in paragraph-4 of the impugned order dated 10.04.2025 passed in WP(C) 2055/2025, the application for correction of the Cause Title of WP(C) 2055/2025 and in paragraph-4 of the impugned order dated 10.04.2025 is accordingly allowed.

Registry is directed to correct the Cause Title relating to respondent no.4 in the disposed of writ petition and in paragraph-4 of the impugned order dated 10.04.2025 passed in WP(C) 2055/2025.

The respondent no.4 shall accordingly be considered to be the “Headmaster of Kathalpara High School, P.O & P.S. Dhenukhana, District-Lakhimpur, Assam, Pin-787053” instead of “Headmaster of Subansiri Kaiwarta High School, Bebejia, P.O.-Mornoi Bebejia, District-Lakhimpur, Assam, Pin-787055”.

The I.A.(C) is accordingly disposed of.

JUDGE

Comparing Assistant