Om Prakash Sah v. The State of Assam and 4 Ors

PageoNo.#o1/3 GAHC010090102024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/1452/2024o OMoPRAKASHoSAHo S/OoUMESHoSAHoR/OoACHARYAoTULSIoMARG,o NORTHoBONGAIGAON,oP.O./DIST.oBONGAIGAON,oASSAM ooooooooooooooooooooooooooooVERSUSo 1:oTHEoSTATEoOFoASSAMoANDo4oORSoREP.oBYoTHEoCOMMISSIONERoANDo SECRETARYoTOoTHEoGOVT.oOFoASSAM,oEDUCATIONoDEPARTMENT,o DISPUR,oGUWAHATIo-781006. 2:THEoDIRECTORoOFoHIGHERoEDUCATION KAHILIPARAoGUWAHATIo-o781019. 3:THEoCOMMISSIONERoandoSECRETARYoTOoTHEoGOVToOFoASSAM FINANCEoDEPARTMENToDISPURoGUWAHATIo-6. 4:THEoGOVERNINGoBODYoOFoBONGAIGAONoCOLLEGEoREP.oBYoTHEo PRINCIPALoandoSECRETARYoBONGAIGAONoCOLLEGEoBONGAIGAONo-o 783380. 5:THEoPRINCIPAL BONGAIGOANoCOLLEGEoBONGAIGAON-o783380o For1the1Applicant(s)11111111:1Ms.1B.1Bhuyan,1Sr.1Advocate,1assisted1by1Mr.1T.1Deuri,1Advocate.1 For1the1Respondent(s)1111:1Mr.1S.1Das,1Standing1Counsel,1Education1(Higher)1Department1for respondent1Nos.11&12.1 : 1 Mr. 1 A. 1 Chaliha, 1 Standing 1 Counsel, 1 Finance 1 Department 1 for respondent1No.3.1 o Page No.# 2/3 – B E F O R E – HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE KAUSHIK GOSWAMI

29.11.2024 (Vijay Bishnoi, CJ)

As per office report, notices issued to the respondent Nos.4 & 5 have not been received till date. However, an affidavit is filed on behalf of the applicant submitting the proof that the notices issued to the respondent Nos.4 & 5 had been received personally by the Principal of Bongaigaon College, Bongaigaon. The notices issued to the respondent Nos.1, 2 & 3 have already been served. This interlocutory application is filed under Section 5 of the Limitation Act, 1963 with a prayer to condone the delay of 63 days in filing the connected appeal. It is stated in the application that on account of illness, the applicant has failed to file the appeal within the limitation prescribed. No counter to the application is filed on behalf of the respondent Nos.1 to 3 and even none is appearing on behalf of the respondent Nos.4 & 5. Having heard the learned counsel appearing for the parties and after going through the contents of the application, we deem it appropriate to condone the delay of 63 days in filing the connected appeal. Hence, the interlocutory application is allowed. The delay of 63 days in filing the connected appeal is condoned. Registry is directed to register the connected appeal and list the same for admission after 4(four) weeks. Page No.# 3/3 The interlocutory application stands disposed of.

JUDGE CHIEF JUSTICE Comparing Assistant