Md. Yahiah v. Pomi Baruah

ORDER Date : 22.07.2024

Heard Mr. D. Mahanta, learned counsel for the petitioner. By this contempt petition, the petitioner is alleging non-compliance of the order dated 19.04.2024, passed by this Court in WP(C)/1445/2024. The operative portion of the order dated 19.04.2024 reads as under: Page No.# 2/2 "In terms of the proposal as now submitted, the applicant in I.A. (Civil) No.1088/2024, Dr. Md. Yahiah has been selected by the Selection Committee for appointment against the post of Assistant Professor, Department of Arabic, Cachar College at Silchar. However, on account of pendency of the present proceedings, the Director of Higher Education, Assam has not taken a final decision in the matter. In view of the above position, the selection process involved having been completed, the relief as prayed for in the present Writ Petition has already been granted by the respondent authorities. Accordingly, the Director of Higher Education, Assam is directed to take a final decision on the proposal as submitted by the authorities of the Cachar College, selecting the applicant in I.A. (Civil) No.1088/2024, for the post of Assistant Professor, Department of Arabic, Cachar College at Silchar, strictly in accordance with the procedure mandated. With the above observation and direction, the Writ Petition stands disposed of. The copy of the communications dated 18.04.2024 and 29.12.2023, as produced by Mr. A.R. Tahbildar, learned Standing Counsel for the Higher Education Department are kept on record and marked as 'A' and 'B' respectively, for the purpose of identification"

A perusal of the order dated 19.04.2024, indicates that no time limit has been given by this Court. Accordingly, this contempt petition is disposed of directing the Director of Higher Education, Assam to comply with the directions passed by this Court by order dated 19.04.2024 in WP(C)/1445/2024 within a period of 1(one) month w.e.f the date of receipt of a copy of the order of this Court. With the above directions, the contempt petition is disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010140712024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/370/2024 MD. YAHIAH S/O- LATE MD NURUL HOQUE, R/O- KALKALBASTI, P.O. CHANDKHIRA, P.S. PATHARKANDI, DIST. KARIMGANJ, ASSAM VERSUS POMI BARUAH THE DIRECTOR OF HIGHER EDUCATION, ASSAM, KAHILIPARA, GHY-19. Advocate for the Petitioner : MR D MAHANTA Advocate for the Respondent : BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR