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Sarada Kr Haloi Vs the State of Assam and 4 Ors. — Gauhati HC (2025) — LawSathi Research

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Gauhati HC
2025
Sarada Kr Haloi Vs the State of Assam and 4 Ors.Sarada Kr Haloi v. the State of Assam and 4 Ors.

Dismissed¶¶36

Sarada Kr Haloi v. the State of Assam and 4 Ors.

Gauhati HC9 Mar 2025WA/424/2024

Case brief

AI extract

What is this about?

Gauhati High Court; writ appeal; WA/424/2024; WA/436/2024 (linked); Sarada Kr Haloi; Riazuddin Ahmed; State of Assam; Deptt. of School Education; State Selection Board; Director Secondary Education Assam; Inspector of Schools Nalbari; District Level Selection Committee; Headmaster Galdighala High School; Tarun Ch. Barman; Abdul Mazid; Hindi Parangat; Hindi Nishant; Kendriya Hindi Sikshan Mandal Agra; B.Ed.; M.Ed.; degree equivalence; notification dated 30.11.2016; Government of Assam; withdrawal of writ appeal; Review Petition before learned Single Judge; dismissal with liberty; Vijay Bishnoi Chief Justice; Kaushik Goswami Justice; decided 10.03.2025; no statute or precedent cited in the extract.

What did the court decide?

Both writ appeals dismissed with liberty to the appellants to prefer a Review Petition before the learned Single Judge, as prayed for.

Why is it important?

These writ appeals are dismissed with liberty to the appellants to prefer a Review Petition before the learned Single Judge, as prayed for. ¶¶36

What the court decided

AI extract

Outcome

Both writ appeals dismissed with liberty to the appellants to prefer a Review Petition before the learned Single Judge, as prayed for.

Issue for consideration

Whether the writ appeals (WA/424/2024 and linked WA/436/2024) should be permitted to be withdrawn with liberty to the appellants to prefer a Review Petition before the learned Single Judge, in view of the admission that the notification dated 30.11.2016 was not placed before the learned Single Judge.

Court's answer

These writ appeals are dismissed with liberty to the appellants to prefer a Review Petition before the learned Single Judge, as prayed for.

Detailed headnote1 paragraphs

Writ Appeals WA/424/2024 (Sarada Kr Haloi v. State of Assam & 4 Ors.) with linked WA/436/2024 (Riazuddin Ahmed v. State of Assam & 6 Ors.) — Gauhati High Court (Vijay Bishnoi, CJ; Kaushik Goswami, J), decided 10.03.2025 — Counsel for the appellants frankly admitted that the subsequent notification dated 30.11.2016 issued by the Government of Assam, treating 'Hindi Parangat' and 'Hindi Nishant' degrees awarded by the Kendriya Hindi Sikshan Mandal, Agra as equivalent to B.Ed. and M.Ed. degrees respectively, was not placed before the learned Single Judge, who consequently had no occasion to go through it — Leave sought to withdraw the appeals and prefer a Review Petition before the learned Single Judge — Held: writ appeals dismissed with liberty to the appellants to prefer a Review Petition before the learned Single Judge, as prayed for.

A

Page No.# 1/4

GAHC010134732024

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

Case No. : WA/424/2024

SARADA KR HALOI

S/O LATE LOSO RAM HALOI, VILL. AND P.O.- KAITHALKUCHI, DIST.NALBARI, ASSAM.

VERSUS

THE STATE OF ASSAM AND 4 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPTT. OF SCHOOL EDUCATION, DISPUR, GUWAHATI- 06.

2:THE STATE SELECTION BOARD THROUGH ITS CHAIRMAN CUM THE COMMISSION AND SECRETARY TO THE GOVT. OF ASSAM DEPTT. OF SCHOOL EDUCATION DISPUR, GUWAHATI- 06.

3:THE DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 19.

4:THE INSPECTOR OF SCHOOLS NALBARI AT NALBARI ASSAM, PIN- 781335.

5:TARUN CH. BARMAN S/O LATE SAMBHU RAM BARMAN VILL.- KHATARUPIA P.O.- GAMARIMURI DIST.- NALBARI ASSAM, PIN- 781306

Advocate for the Petitioner : MR. M KHAN, MR. M KHAN,MS J AKTAR,MR. A

Page No.# 2/4

BURAGOHAIN

Advocate for the Respondent : , MR. I H SAIKIA (r-5),MR. K KALITA (r-5),MR K KASHYAB (r5),MR. B BORAH (r-5),MS L HMAR (r-5)

Linked Case : WA/436/2024

RIAZUDDIN AHMED S/O LATE HAJI NURUDDIN AHMED R/O VILL. BORNI P.O. SONIADI DIST. KAMRUP ASSAM PIN- 781102.

VERSUS

THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EDUCATION DEPTT. DISPUR, GUWAHATI- 06.

2:THE DIRECTOR SECONDARY EDUCATION ASSAM, KAHILIPARA GUWAHATI- 19. 3:THE INSPECTOR OF SCHOOLS NALBARI AT NALBARI ASSAM PIN- 781335. 4:THE STATE SELECTION BOARD REPRESENTED BY ITS SECRETARY I.E. DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 19.

5:THE DISTRICT LEVEL SELECTION COMMITTEE REPRESENTED BY ITS SECRETARY I.E. INSPECTOR OF SCHOOLS NALBARI DISTRICT NALBARI

Page No.# 3/4

ASSAM PIN- 781126. 6:HEADMASTER GALDIGHALA HIGH SCHOOL VILL. GALDIGHALA P.O. ADABARI P.S. MUKALMUA DIST. NALBARI ASSAM PIN 781126. 7:ABDUL MAZID S/O LATE CHEKAN ALI VILL.- SAPKATA P.O.- MUKALMUA P.S.- MUKALMUA DIST.- NALBARI ASSAM PIN- 781126. ------------

For petitioner/appellant(s) : Mr. B. D. Das, Sr. Advocate Mr. M. Khan, Advocate

For respondent(s) : Mr. K. Kalita, Advocate

– BEFORE –

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

10.03.2025

(Vijay Bishnoi, CJ)

Learned counsel appearing for the appellant has frankly admitted that the subsequent notification dated 30.11.2016, issued by the Government of Assam, whereby ‘Hindi Parangat’ and ‘Hindi Nishant’ Degrees awarded by the Kendriya Hindi Sikshan Mandal, Agra, are treated as equivalent to B.Ed. and M.Ed. Degree, respectively, was not placed before the learned Single Judge and, therefore, the learned Single Judge had no occasion to go through the said notification. Learned

Page No.# 4/4

counsel for the appellant has therefore prayed that he may be allowed to withdraw these writ appeals with liberty to the appellants to prefer a Review Petition before the learned Single Judge.

In view of the above, these writ appeals are dismissed with liberty to the appellant, as prayed for.

JUDGE CHIEF JUSTICE

Comparing Assistant

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the writ appeals (WA/424/2024 and linked WA/436/2024) should be permitted to be withdrawn with liberty to the appellants to prefer a Review Petition before the learned Single Judge, in view of the admission that the notification dated 30.11.2016 was not placed before the learned Single Judge.medium confidence¶¶35
The court held
These writ appeals are dismissed with liberty to the appellants to prefer a Review Petition before the learned Single Judge, as prayed for.ratio¶¶36

Procedural history

How this case reached the court

AI extract

Order under challenge
Decision of the learned Single Judge under challenge in these writ appeals; per the appellants' counsel's admission, the Government of Assam notification dated 30.11.2016 (treating 'Hindi Parangat' and 'Hindi Nishant' degrees as equivalent to B.Ed. and M.Ed.) was not placed before the learned Single Judge.¶¶33
Prior proceeding
Subsequent notification dated 30.11.2016 issued by the Government of Assam treating 'Hindi Parangat' and 'Hindi Nishant' degrees awarded by the Kendriya Hindi Sikshan Mandal, Agra as equivalent to B.Ed. and M.Ed. degrees respectively.¶¶33
Prior proceeding
The said notification was not placed before the learned Single Judge, who therefore had no occasion to go through it.¶¶33
Prior proceeding
Counsel for the appellants prayed to be allowed to withdraw the writ appeals with liberty to prefer a Review Petition before the learned Single Judge.¶¶35

Parties & counsel

AI extract

appellant
SARADA KR HALOI¶¶6
B. D. Das (Sr.), M. Khan, J. Aktar, A. Buragohain
respondent
THE STATE OF ASSAM¶¶10
respondent
THE STATE SELECTION BOARD¶¶11
respondent
THE DIRECTOR SECONDARY EDUCATION ASSAM¶¶12
respondent
THE INSPECTOR OF SCHOOLS NALBARI¶¶13
respondent
TARUN CH. BARMAN¶¶14
I. H. Saikia, K. Kalita, K. Kashyab, B. Borah, L. Hmar
appellant
RIAZUDDIN AHMED¶¶20
B. D. Das (Sr.), M. Khan
respondent
THE STATE OF ASSAM¶¶22
respondent
THE DIRECTOR SECONDARY EDUCATION ASSAM¶¶23
respondent
THE INSPECTOR OF SCHOOLS NALBARI¶¶23
respondent
THE STATE SELECTION BOARD¶¶23
respondent
THE DISTRICT LEVEL SELECTION COMMITTEE¶¶24
respondent
HEADMASTER GALDIGHALA HIGH SCHOOL¶¶26
respondent
ABDUL MAZID¶¶26

Coram

AI extract

VIJAY BISHNOIauthor¶¶32
KAUSHIK GOSWAMImember¶¶30

Case details

As recorded by the court registry

Court: Gauhati HC
Decided on: 9 Mar 2025 · March
Registered: 16 Dec 2024
Case no.: WA/424/2024
CNR: GAHC010134732024
Bench: Kaushik Goswami
Disposal: Disposed Of
Case type: WA

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Cite this judgement

Sarada Kr Haloi v. the State of Assam and 4 Ors., WA/424/2024 (GAU), decided on 9 March 2025.

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

Procedural history4

Decision of the learned Single Judge under challenge in these writ appeals; per the appellants' counsel's admission, the Government of Assam notification dated 30.11.2016 (treating 'Hindi Parangat' and 'Hindi Nishant' degrees as equivalent to B.Ed. and M.Ed.) was not placed before the learned Single Judge.
Subsequent notification dated 30.11.2016 issued by the Government of Assam treating 'Hindi Parangat' and 'Hindi Nishant' degrees awarded by the Kendriya Hindi Sikshan Mandal, Agra as equivalent to B.Ed. and M.Ed. degrees respectively.
The said notification was not placed before the learned Single Judge, who therefore had no occasion to go through it.

View full history

Bench / Coram

VIJAY BISHNOI and KAUSHIK GOSWAMI

Parties & counsel