Md. Mizazul Islam Laskar v. State of Assam and 5 Ors

ORDER Date : 23-01-2024 Heard Mr. B. Purkayastha, learned counsel for the petitioner. Also heard Mr. B. Talukdar, learned standing counsel for the Elementary Education Department representing the respondents no. 1 to 6. The present proceeding has been instituted by the petitioner challenging the order dated 27.03.2023, by which, Smti Lipika Sinha, In-charge BEEO, Sonai was allowed to function as the Member Secretary, Janata ME School. Page No.# 3/4 The petitioner, vide order dated 17.08.2022 was allowed to act as the In-charge Headmaster-cum-Member Secretary of Janata ME SMC. This Hon'ble Court, vide order dated 28.04.2023, while issuing notice in the matter, having appreciated the fact that the order dated 17.08.2022 having not been recalled or superseded vide the impugned order dated 27.03.2023, directed that the order dated 17.08.2022, shall remain in force. During the pendency of the proceedings in the present writ petition, the In-Charge DEEO, Cachar had in partial modification of the order dated

27.03.2023, allowed Smti Nandini Mukherjee, BEEO, Sonai to act as the Member Secretary of Janata ME School in place of said Smti Lipika Sinha. The petitioner, by instituting WP(C)No. 5873/2023, presented a challenge to the said order. During the pendency of the proceeding in the said WP(C)5873/2023, the respondent authorities vide an order dated 22.01.2023 has recalled the order dated 14.09.2023 and the petitioner was allowed to continue to act as the In-charge Headmaster-cum-Member Secretary of the Janata ME School. The said writ petition was disposed of today with a direction to allow the petitioner to continue to act as the In-charge Headmaster-cum-Member Secretary of the Janata ME School. In view of the fact that the impugned order dated 27.03.2023 has already been modified, no further adjudication is called for in the present proceeding and the directions as passed by this Court in WP(C)No. 5873/2023 shall cover the issues arising in the present proceeding also. With the above observations and directions, the writ petition stands Page No.# 4/4 disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010219442023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooWP(C)/2210/2023 MD.oMIZAZULoISLAMoLASKAR S/OoAKBARoALIoLASKAR oI/CoHEADMASTER oJANATAoMEoSCHOOL oSONAIoUNDERoSONAIoEDUCATIONALoBLOCK oR/Oo86oKH oVILL-KACHUDARAMoPART-IV oP.O.-KACHUDARAM oDIST-CACHAR oASSAM oPIN-788119 oVERSUS STATEoOFoASSAMoANDo5oORS. REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oDEPARTMENToOFoSCHOOLoEDUCATIONo(ELEMENTARYoEDUCATIONo DEPARTMENT) oDISPUR oGUWAHATI oASSAM oPIN-781006 2:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM KAHILIPARA oGUWAHATI oASSAM oPIN-781019 o3:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oCACHAR SILCHAR o4:THEoDEPUTYoINSPECTORoOFoSCHOOLS Page No.# 2/4 SILCHAR CACHAR ASSAM 5:THE BLOCK ELEMENTARY EDUCATION OFFICER SONAI EDUCATION BLOCK DIST-CACHAR ASSAM 6:THE DISTRICT DEVELOPMENT COMMISSIONER I/C EDUCATION CACHAR SILCHAR ASSAM PIN-788001. 7:SMTI LIPIKA SINHA IN-CHARGE BLOCK ELEMENTARY EDUCATION OFFICER SONAI EDUCATIONAL BLOCK DIST. CACHAR ASSAM PIN-788119. ------------ Advocate for petitioner : MR. B. Purkayastha Advocate for respondents: Mr. B.Talukdar, SC ELEM. EDU appearing for STATE OF ASSAM AND 5 ORS. BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR