Md Taj Uddin Laskar v. The State of Assam and 5 Ors

PageoNo.#o1/5 GAHC010010372023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/55/2023 MDoTAJoUDDINoLASKAR S/O-oLATEoMOTOFARoALIoLASKAR RESIDENToOFoVILLAGE-oBAHADURPUR P.O.-oRANGAUTI PIN-o788155o DISTRICT-oHAILAKANDI oASSAM. oVERSUS THEoSTATEoOFoASSAMoANDo5oORS REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oDEPARTMENToOFoSCHOOLoEDUCATION oDISPUR oGHY-6. 2:THEoSELECTIONoBOARD TOoBEoREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM oEDUCATIONoELEMENTARYoDEPARTMENT oDISPUR oGHY-6. o 3:THEoDIRECTORoOFoSTATEoCOUNCILoOFoEDUCATIONALoRESEARCHoANDo TRAINING oASSAM KAHILIPARA oGUWAHATI-19. o4:THEoASSAMoPUBLICoSERVICEoCOMMISSION REPRESENTEDoBYoITSoSECRETARYoTOoTHEoGOVT.oOFoASSAM JAWAHARNAGAR oGUWAHATI-o29. Page No.# 2/5 5:THE DEPUTY COMMISSIONER HAILAKANDI DISTRICT-HAILAKANDI ASSAM. 6:ABDUL NOOR BARBHUIYAN PRINCIPAL DIET CACHAR UDHARBOND DIST.- CACHAR ASSAM PIN-788030. 7:DR. JIBENDU DUTTA S/O LATE MAKHAN LAL DUTTA SENIOR LECTURER DISTRICT INSTITUTE OF EDUCATION AND TRAINING CACHAR UDHARBOND R/O FLAT NO. 3E THE PEARL LINK VIEW 1ST LINK ROAD SILCHAR DIST.- CACHAR ASSAM PIN-788006.

------------ Advocate for : MR. A R BHUYAN Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 5 ORS

B E F O R E HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR 02-03-2023 Heard Mr. A.R. Bhuyan, learned counsel for the petitioner. Also heard Mr. P.K. Borah, learned Standing Counsel, Department of School Education for Respondents No.1 and 2; Mr. S. Bora, learned counsel for Respondent No.3; Mr. P. Sarma, learned Standing Counsel, APSC for Respondent No.4; Page No.# 3/5 Ms. D.D. Barman, learned Government Advocate, Assam for Respondent no.5; Mr. H.K.Das, learned counsel for Respondent No.6 and Mr. B Purkayastha, learned counsel for Respondent No.7.

¶2By this writ petition, the petitioner has challenged the order dated

22.12.2022 issued by the Secretary to the Government of Assam, Department of School Education, by which the Respondent No.6 was transferred and posted as Principal of DIET, Dhemaji and the Respondent No.7, Senior Lecturer of DIET, Cachar was allowed to take charge of the I/C Principal of DIET, Cachar from Respondent No.6.

¶3Mr. P.K. Borah, learned Standing Counsel, Department of School Education has produced a copy of the Notification dated 21.01.2023, by which the impugned order has been revoked. The same reads as under : " GOVERNMENT OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR ::: GUWAHATI

ORDERS BY THE GOVERNOR OF ASSAM

NOTIFICATION

No.eCF No.265150/32 : In compliance of the Hon'ble Gauhati High Court's interim order dtd. 06.01.2023 passed in W.P.(C) 55/2023 (Md. Taj Uddin Laskar Vs. SoA) and in pursuance of the order issued vide notification No.eCF no. 265150/31 dtd. 18.01.2023, Shri Abdul Noor Barbhuiyan, Principal of DIET is hereby reverted back to his earlier place of posting as Principal DIET, Cachar against the existing vacant post and Md. Taj Uddin Laskar, senior most Senior Lecturer of DIET, Hailakandi, is directed to temporarily take over the charge as in-charge Principal, DIET, Hailakandi, until further orders. Page No.# 4/5 This Order shall come into force with immediate effect.

Signed by S.n. Choudhury Date :21-01-2023 17:54:000 Secretary to the Govt of Assam Department of School Education".

¶4He has also produced another corrigendum dated 1.3.2023, which reads as under :

" GOVERNMENT OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR ::: GUWAHATI

CORRIGENDUM

Dated, Dispur the 1st March, 2023

No.eCF No.265150/41 : Kindly read the line as mentioned in the first line issued vide Notification No eCF No 265150/32 dated 21-01-2023 as produced below : " In the interest of public service" instead of "In compliance of the Hon'ble Gauhati High Court's interim order dtd 06.01.2023 passed in WP© 55/2023 [Md Taj Uddin Laskar –vs-SoA]."

Sd/-

1.3.2023 Secretary to the Govt. of Assam Department of School Education".

¶5Considering the Notification dated 21.01.2023 and the Corrigendum dated 1.3.2023, the very basis for filing the writ petition does not survive Page No.# 5/5 and I see no reason to continue with the writ petition.

¶6Accordingly, the writ petition is closed with liberty to the petitioner to approach this Court again, if so advised. The Notification dated 21.01.2023 and the Corrigendum dated

1.3.2023 is placed on record.

JUDGE Comparing Assistant