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Paran Chandra Deka Vs the State of Assam and 5 Ors. — Gauhati HC (2025) — LawSathi Research

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Gauhati HC
2025
Paran Chandra Deka Vs the State of Assam and 5 Ors.Paran Chandra Deka v. the State of Assam and 5 Ors.

Disposed¶28

Paran Chandra Deka v. the State of Assam and 5 Ors.

Gauhati HC8 May 2025WA/238/2024

Case brief

AI extract

What is this about?

Gauhati High Court writ appeal WA/238/2024 disposed of (not decided on merits) on 09.05.2025 by Vijay Bishnoi, CJ and Kaushik Goswami, J.; appeal against Single Judge judgment and order dated 04.06.2024 in WP(C) No.1084/2018; challenge to appointment of respondent No.5 Satyajit Bora as Principal of Lohit Dikrong Higher Secondary School, Bihpuria, Lakhimpur under Advertisement dated 07.12.2017; respondent No.5 retired on superannuation on 31.01.2025 making further adjudication academic; appellant absent on 17.02.2025 and on hearing date (matter called twice); no further order passed; no costs or amounts; no statutes or precedents discussed.

What did the court decide?

Since respondent No.5 has already retired from service on attaining the age of superannuation, further adjudication in the present writ appeal would be merely an academic exercise.

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Validity of the appointment of respondent No.5 as Principal of Lohit Dikrong Higher Secondary School, Bihpuria, Lakhimpur, pursuant to the selection process held in terms of the Advertisement dated 07.12.2017, as challenged by the appellant before the Writ Court; the issue remained unadjudicated as the appeal was disposed of without any order on merits.

Ratio / Principle

Since respondent No.5 has already retired from service on attaining the age of superannuation, further adjudication in the present writ appeal would be merely an academic exercise.

Key takeaways

In view of the circumstances of the case and the non-appearance of the appellant both on 17.02.2025 and on the date of hearing (when the matter was called twice), no further order is required to be passed in the writ appeal, which is accordingly disposed of.ratio¶28

Detailed headnote1 paragraphs

Gauhati High Court (Division Bench of Vijay Bishnoi, CJ, author, and Kaushik Goswami, J.), WA/238/2024, decided 09.05.2025 — Writ appeal by Paran Chandra Deka against the judgment and order dated 04.06.2024 of the learned Single Judge in WP(C) No.1084/2018, arising from his challenge before the Writ Court to the appointment of respondent No.5 (Satyajit Bora) as Principal of Lohit Dikrong Higher Secondary School, Bihpuria, Lakhimpur, made pursuant to the selection process under the Advertisement dated 07.12.2017. Counsel for respondent No.5 informed the Court that respondent No.5 had already retired from service on attaining the age of superannuation on 31.01.2025. Holding that further adjudication would be merely an academic exercise, and noting that none appeared for the appellant on 17.02.2025 nor when the matter was called twice on the hearing date, the Court found no further order necessary and disposed of the writ appeal without any order on the merits of the appointment challenge.

A

Page No.# 1/3

GAHC010140202024

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

Case No. : WA/238/2024

PARAN CHANDRA DEKA S/O. LT. BANESWAR DEKA, R/O. BIHPURIA WARD NO. 5, P.O. AND P.S. BIHPURIA, DIST. LAKHIMPUR, PIN-784161, ASSAM

VERSUS

1.THE STATE OF ASSAM AND 5 ORS REP. BY THE COMMISSIONER AND SECRETARY, SECONDARY EDUCATION DEPTT., GUWAHATI-781005

2:THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GUWAHATI-781019

3:STATE SELECITON COMMITTEE ASSAM KAHILIPARA MAIN ROAD JATIA KAHILIPARA GUWAHATI-781019

4:THE PRINCIPAL CUM MEMBER SECRETARY LOHIT DIKRONG HIGHER SECONDARY SCHOOL BIHPURIA-784161 DIST. LAKHIMPUR ASSAM.

5:SATYAJIT BORA S/O. LT. PADMA BORA R/O. BIHPURIA WARD NO. 9 P.O. AND P.S. BIHPURIA DIST. LAKHIMPUR PIN-784161 ASSAM.

6:NATIONAL COUNCIL FOR TEACHER EDUCATION EASTERN REGIONAL COMMITTEE REPRESENTED BY REGIONAL DIRECTOR NEELAKANTHA NAGAR NAYAPALLII BHUBANESWAR-75101

Page No.# 2/3

For the Appellant(s) : None.

For the Respondent(s) : Ms. A. Das, Standing Counsel, Secondary Education Department.

: Mr. B. Chakravarty, Advocate for respondent No.5.

– BEFORE –

HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE KAUSHIK GOSWAMI

09.05.2025 (Vijay Bishnoi, CJ)

This writ appeal is preferred by the appellant being aggrieved with the judgment and order dated 04.06.2024 passed by the learned Single Judge in WP(C) No.1084/2018.

The appellant approached the Writ Court challenging the appointment of the respondent No.5 as the Principal in Lohit Dikrong Higher Secondary School, Bihpuria, Lakhimpur, pursuant to the selection process held in terms of the Advertisement dated 07.12.2017.

Mr. B. Chakravarty, learned counsel appearing for the respondent No.5 has informed this Court that the respondent No.5, after his appointment as Principal of Lohit Dikrong Higher Secondary School, Bihpuria, Lakhimpur, has already retired from service on attaining the age of superannuation on 31.01.2025.

In view of the fact that the respondent No.5 has already retired from service, we are of the view that further adjudication in the present writ appeal will be merely an academic exercise.

It is to be noticed that on 17.02.2025, when the matter was taken up, none appeared on behalf of the appellant. Today also, the matter has been

Page No.# 3/3

called twice, however, none has appeared on behalf of the appellant.

In view of the above noted facts and circumstances of the case and also in view of the fact that no one has appeared on behalf of the appellant today as well as on last occasion, we are of the view that no further order is required to be passed in this writ appeal. The same is, therefore, disposed of.

JUDGE

CHIEF JUSTICE

Comparing Assistant

Issues for consideration

1 issue framed by the court

AI extract

1.
Validity of the appointment of respondent No.5 as Principal of Lohit Dikrong Higher Secondary School, Bihpuria, Lakhimpur, pursuant to the selection process held in terms of the Advertisement dated 07.12.2017, as challenged by the appellant before the Writ Court; the issue remained unadjudicated as the appeal was disposed of without any order on merits.¶22

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and order dated 04.06.2024 passed by the learned Single Judge in WP(C) No.1084/2018, with which the appellant is aggrieved in this writ appeal.¶21
Learned Single Judge, Gauhati High Court · 04.06.2024
Prior proceeding
Selection process for appointment of Principal held in terms of Advertisement dated 07.12.2017, pursuant to which respondent No.5 was appointed as Principal of Lohit Dikrong Higher Secondary School, Bihpuria, Lakhimpur.¶22
Prior proceeding
Appellant approached the Writ Court challenging the appointment of respondent No.5 as Principal.¶22
Prior proceeding
Counsel for respondent No.5 informed the Court that respondent No.5, after his appointment as Principal, retired from service on attaining the age of superannuation on 31.01.2025.¶23
Prior proceeding
On 17.02.2025, when the matter was taken up, none appeared on behalf of the appellant.¶25
Prior proceeding
On the date of hearing the matter was called twice and again none appeared on behalf of the appellant.¶27

Parties & counsel

AI extract

appellant
PARAN CHANDRA DEKA S/O. LT. BANESWAR DEKA, R/O. BIHPURIA WARD NO. 5, P.O. AND P.S. BIHPURIA, DIST. LAKHIMPUR, PIN-784161, ASSAM¶6
respondent
THE STATE OF ASSAM AND 5 ORS REP. BY THE COMMISSIONER AND SECRETARY, SECONDARY EDUCATION DEPTT., GUWAHATI-781005¶8
Ms. A. Das
respondent
THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GUWAHATI-781019¶9
respondent
STATE SELECITON COMMITTEE ASSAM KAHILIPARA MAIN ROAD JATIA KAHILIPARA GUWAHATI-781019¶10
respondent
THE PRINCIPAL CUM MEMBER SECRETARY LOHIT DIKRONG HIGHER SECONDARY SCHOOL BIHPURIA-784161 DIST. LAKHIMPUR ASSAM.¶11
respondent
SATYAJIT BORA S/O. LT. PADMA BORA R/O. BIHPURIA WARD NO. 9 P.O. AND P.S. BIHPURIA DIST. LAKHIMPUR PIN-784161 ASSAM.¶12
Mr. B. Chakravarty
respondent
NATIONAL COUNCIL FOR TEACHER EDUCATION EASTERN REGIONAL COMMITTEE REPRESENTED BY REGIONAL DIRECTOR NEELAKANTHA NAGAR NAYAPALLII BHUBANESWAR-75101¶13

Coram

AI extract

VIJAY BISHNOI (CHIEF JUSTICE)author¶20
KAUSHIK GOSWAMImember¶19

Case details

As recorded by the court registry

Court: Gauhati HC
Decided on: 8 May 2025 · May
Registered: 23 Jul 2024
Case no.: WA/238/2024
CNR: GAHC010140202024
Bench: Kaushik Goswami
Disposal: Disposed Of
Case type: WA

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Cite this judgement

Paran Chandra Deka v. the State of Assam and 5 Ors., WA/238/2024 (GAU), decided on 8 May 2025.

The Gauhati High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history6

Judgment and order dated 04.06.2024 passed by the learned Single Judge in WP(C) No.1084/2018, with which the appellant is aggrieved in this writ appeal.Learned Single Judge, Gauhati High Court · 04.06.2024
Selection process for appointment of Principal held in terms of Advertisement dated 07.12.2017, pursuant to which respondent No.5 was appointed as Principal of Lohit Dikrong Higher Secondary School, Bihpuria, Lakhimpur.
Appellant approached the Writ Court challenging the appointment of respondent No.5 as Principal.

View full history

Bench / Coram

VIJAY BISHNOI (CHIEF JUSTICE) and KAUSHIK GOSWAMI

Parties & counsel