Gobin Sarmah Vs the State of Assam and Ors.

THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.OF ASSAM, SECONDARY EDUCATION DEPARTMENT, DISPUR, ASSAM, PIN-781006

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2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019

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3:THE INSPECTOR OF SCHOOLS DHEMAJI DISTRICT CIRCLE DHEMAJI DIST. DHEMAJI ASSAM PIN- 787057 4:SHRI GOBIN SARMAH S/OLATE PREMAL SARMAH R/O NC NEPALI P.O. GOGAMUKH PIN-787026 DIST. DHEMAJI ASSAM

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5:BHABANI HAZARIKA

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W/O MR. JOY CHANDRA SAIKIA R/O VILL- GOGAMUKH PUB- BALIGAON

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P.S. GOGAMUKH PIN- 787026 DIST. DHEMAJI ASSA

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Advocate for the Petitioner : NEKIBUR ZAMAN CHOUDHURY, MR A R BHUYAN

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Advocate for the Respondent : SC, SEC. EDU., MR. K BORUAH

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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Date : 05-03-2025

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Heard Mr. AR Bhuyan, learned counsel for the applicant, who is the respondent No. 4 in the writ petition, i.e., WP(C) 6979/2024. Also heard Mr. K Boruah, learned counsel for the writ petitioner and Mr. U Sharma, learned counsel for the Secondary Education Department.

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2. This interlocutory application has been filed praying for vacation of the interim order dated 10.01.2025 passed in WP(C) 6979/2024, wherein the applicant has been directed to hand over the charge of In-charge Headmaster/Headmistress of Gogamukh Girls’ High School, Dhemaji to the writ petitioner within a period of one week from today. A compliance report was also to be submitted by the Inspector of Schools, Dhemaji District Circle to this Court, pursuant to the interim order dated 10.01.2025.

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3. The case of the applicant is that the writ petitioner had been allowed to hold the charge of Headmistress In-charge of the above said School along with financial powers, vide order dated 24.03.2022 issued by the Director of Education, Assam. The said order dated 24.03.2022 was put to challenge by the applicant herein, vide WP(C) 2621/2022. However, WP(C) 2621/2022 was

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dismissed, vide judgment and order dated 29.01.2024. The writ petitioner herein was impleaded as party respondent No. 4 in WP(C) 2621/2022.

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4. Subsequent to the dismissal of WP(C) 2621/2022, vide judgment and order dated 29.01.2024, the Director of Secondary Education has passed another order dated 29.02.2024, by which the writ petitioner has been allowed to act as the Headmistress In-charge of the above said school.

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5. As the applicant herein had not handed over the charge of Headmistress of the said School to the writ petitioner and as the respondent authorities had not taken any action to ensure that the charge of Headmistress was given to the writ petitioner, despite the orders of the Director, the writ petitioner has filed the present writ petition, i.e., WP(C) 6979/2024. This Court, vide the interim order dated 10.01.2025, directed the applicant herein to hand over the charge of Headmistress of the said School to the writ petitioner within a week from 10.01.2025. As the interim order dated 10.01.2025 passed in WP(C) 6979/2024 has not been complied with, the writ petitioner has filed Cont.Cas(C) 23/2025 against the applicant, which is still pending.

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6. The applicant’s counsel submits that the applicant has not handed over the charge of the Headmistress of the said School to the writ petitioner, in view of the fact that the dismissal of WP(C) 2621/2022, vide judgment and order dated 29.01.2024, has been put to challenge before the Division Bench of this Court, vide WA 122/2024. The applicant’s counsel submits that though the Division Bench has not passed any stay order against the judgment and order dated 29.01.2024 passed in WP(C) 2621/2022, the decision of the learned Single Judge should not be implemented, as the Division Bench is seized of the matter.

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7. Mr. K Boruah, learned counsel for the writ petitioner submits that as the judgment and order dated 29.01.2024 passed in WP(C) 2621/2022 has not been stayed by the Hon’ble Division Bench, the said judgment and order would have to be complied with.

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8. Mr. U Sharma, learned counsel for the Secondary Education Department also reiterates the submission made by Mr. K Boruah, learned counsel for the writ petitioner.

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9. I have heard the learned counsels for the parties.

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10. The facts of the case show that the Hon’ble Division Bench has not stayed the judgment and order dated 29.01.2024 passed in WP(C) 2621/2022 and as such, the challenge made to the order dated 24.03.2022 having failed, the writ petitioner was to be given the charge of Headmistress of the said School by the applicant. The subsequent order dated 24.03.2022 issued by the Director of Education, Assam giving charge of the post of Headmistress to the writ petitioner, has also not been stayed and as such, the applicant has to give the said charge of Headmistress to the writ petitioner.

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11. As stated in the foregoing paras, the writ petitioner has filed Cont.Cas(C) 23/2025 on account of the applicant not having complied with the interim order dated 10.01.2025 passed in WP(C) 6979/2024. In the case Asit Kumar Das vs. J Panda, Chief Post Master General & Ors. , reported in (2020) 20 SCC 400 , the Supreme Court has held that the filing of an appeal does not result in the assailed order becoming inoperative and unworthy of being complied with. A contempt proceeding shall always be maintainable unless the appellate Court finds it fit to stay the operation of the judgment/order of which

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contempt is alleged.

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12. In view of the judgment of the Supreme Court in the case of Asit Kumar Das (supra), and as there has been no stay of the judgment and order dated 29.01.2024 passed in WP(C) 2621/2022, this Court is of the view that the application for vacation of the interim order is not made out.

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13. Accordingly, this Court does not find any ground to allow the interlocutory application. The same is dismissed.

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Gobin Sarmah v. the State of Assam and Ors.

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Gobin Sarmah v. the State of Assam and Ors.

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