Md. Amdad Hussain Chowdhury v. State of Assam and 5 Ors

ORDER Date : 24.04.2024

Heard Ms. R. Gogoi, learned counsel for the petitioner. Also heard Mr. G. Pegu, learned Standing Counsel, Elementary Education and Mr. P.Saikia, leaned Government Advocate. This writ petition was filed by the petitioner praying for a direction to the respondents to allow the petitioner to join in Alipukhuri M.E. School under Laharighat Education Block, Morigaon as Head Master in-charge in terms of the Page No.# 3/3 order dated 02.04.2024 issued by the Block Elementary Education Officer, Laharighat. The respondents were permitted to obtain instructions. Today it is submitted by the learned Standing Counsel, Elementary Education that by order dated

24.04.2024 the Block Elementary Education Officer has cancelled the order earlier issued, directing the present Head Teacher in –charge Md. Akhtarul Hoque, namely, respondent No.5 to hand over the charge to the petitioner. Because of the objections raised by the School Management Committee as well as the local public, the order of the Block Elementary Education Officer to hand over and take over the charges of the Head Teacher in so far as the writ petitioner is concerned has been cancelled. As such, in view of the order passed today i.e. 24.04.2024 by the Block Elementary Education Officer, the order dated 02.04.2024 the benefit of which the petitioner had claimed in the present writ petition having been cancelled, the writ petition has become infructuous and therefore, the same stands dismissed with liberty granted to the petitioner to approach this Court if her grievance subsists. Needless to say, since the order that is cancelled is the order directing the respondent No.5 to hand over charges the Head Teacher to the writ petitioner, but the order of reversion of the petitioner to his original post of posting remains and the petitioner should be permitted to join in his original place of posting. In view of the above, writ petition stands dismissed as infructuous. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010077152024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2120/2024o MD.oAMDADoHUSSAINoCHOWDHURYo SONoOFoLATEoUMARoALIoCHOWDHURY,o RESIDENToOFoVILL-oDURABANDHIoBILL,o P.O.oANDoP.S.-oMORIGAON,o DISTRICT-oMORIGAON,oASSAM,o PIN-o782126. VERSUSo STATEoOFoASSAMoANDo5oORS.o REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o DEPARTMENToOFoELEMENTARYoEDUCATION,oASSAMo DISPUR,oGUWAHATI-o781006. 2:THEoDISTRICToCOMMISSIONER oMORIGAON oDISTRICT-oMORIGAON oASSAM. 3:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oMORIGAON oDISTRICT-oMORIGAON oASSAM. 4:BLOCKoELEMENTARYoEDUCATIONoOFFICER oLAHORIGHAT oDISTRICT-oMORIGAON oASSAM. 5:MD.oAKTARULoHOQUE o(I/CoHEADoMASTER oALIPUKHURIoM.E.oSCHOOL) o SONoOFoIBRAHIMoALI Page No.# 2/3 RESIDENT OF VILL- HATIMURIA P.O. AND P.S.- MOIRABARI DISTRICT- MORIGAON ASSAM PIN- 782126. 6:ROFIQUL ISLAM SON OF YUSUF ALI RESIDENT OF VILLAGE- MOIRABARI P.O. AND P.S.- MOIRABARI DISTRICT- MORIGAON ASSAM PIN- 782126. ( PRESIDENT SCHOOL MANAGEMENT COMMITTEE ALIPUKHURI M.E. SCHOOL) Advocate for the Petitioner : MR H RAHMAN Advocate for the Respondent : SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA