Shyam Sunder Borah and 4 Ors v. The State of Assam 4 Ors

ORDER Date : 28.10.2024 (Vijay Bishnoi, CJ) Heard Mr. P. J. Saikia, learned senior counsel, assisted by Ms. M. Nirola, learned counsel, appearing on behalf of the appellants. Also heard Mr. Rajesh Mazumdar, learned standing counsel, Secondary Education Department, appearing on behalf of all the respondents. By preferring this writ appeal, the appellants have challenged the order, dated 24.06.2022, passed by the learned Single Judge in WP(c)36/2022 and 2(two) other writ petitions. The appellants have also challenged the Office Memorandum, dated 28.09.2021, issued by the Special Commissioner to the Government of Assam, Secondary Education Department. Page No.# 3/3 During the pendency of this writ appeal; the State Government has amended Rule 5 of the Assam Secondary Education (Provincialized Schools) Service Rules, 2018, making a provision that 5 per cent of the total posts of Junior Assistant of a District, shall be filled-up by way of promotion from amongst the Grade-IV employees of the schools under the concerned District having five years of continuous service as regular Grade-IV employee and having requisite qualifications applicable to the post of Junior Assistant as mentioned in Sub-Rule 3 of the said Rules of 2018. Mr. Saikia, learned senior counsel for the appellants, has submitted that since Rule 5 of the Assam Secondary Education (Provincialized Schools) Service Rules, 2018, have been amended vide Notification, dated 07.10.2024; the appellants desires to withdraw this writ appeal with liberty to challenge the amendment in Rule 5 of the said Rules of 2018, by initiating appropriate proceeding.

Accordingly, this writ appeal stands dismissed on withdrawal by the appellants, with liberty granted to the appellants, as prayed for.

Interim order, if any, stands vacated.

JUDGE CHIEF JUSTICE Comparing Assistant

PageoNo.#o1/3 GAHC010060822023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/332/2022o 1.oSHYAMoSUNDERoBORAHoANDo4oORS. S/OoGOKULoCHANDRAoBORAH oVILL.-oOJARAoGAON oP.O.-oOPARoOJARA oPIN-o782101 oP.S.-oSADAR oDIST.-oNAGAON oASSAM. 2:oMAHENDRAoKEOT S/OoSRIoSARABAPUoKEOT oR/OoBRAHAMPUR oP.O.-BRAHAMPUR oP.S.-SADAR oDIST-NAGAON oASSAM oPIN-782102 o3:oKHAGENoBORAoS/OoSRIoCHANDRAoKANTAoBORA oR/OoKARAYANoP.O.-KARAYANI oP.S.-SADARoDIST-NAGAON oASSAMoPIN-o782003 o4:oMUKULoCHAMUAHoS/OoSRIoPANIRAMoCHAMUAH oR/OoVILL-oUJARAoGAON oP.O.-oOPARoUJARA oP.S.-SADARoDIST-NAGAON oASSAMoPIN-o782101. o5:oDIPANKARoBORUAHoS/OoKINARAMoBARUAH oR/OoVILL-KUJIDAHoGAON oP.O.-KUJIDAHoP.S.-SADAR oDIST-NAGAONoASSAMoPIN-o782142. Page No.# 2/3 VERSUS THE STATE OF ASSAM 4 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM SECONDARY EDUCATION DEPTT. DISPUR GUWAHATI- 6. 2:THE SPECIAL COMMISSIONER TO THE GOVT OF ASSAM SECONDARY EDUCATION DEPARTMENT DISPUR ASSAM PIN-781005 3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 4:THE DEPUTY DIRECTOR OF SECONDARY EDUCATION ASSAMKAHILIPARA GUWAHATI-19 5:THE INSPECTOR OF SCHOOLS NAGAON DISTRICT CIRCLE NAGAON DIST-NAGAON ASSAM ------------ Advocate for : MR. P J SAIKIA Advocate for : SC SEC. EDU. appearing for THE STATE OF ASSAM 4 ORS. BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR