Jagadish Barman v. The Central Board of Secondary Education and 4 Ors

PageoNo.#o1/3 GAHC010193662024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oReview.Pet./169/2024o JAGADISHoBARMANo S/O-oLATEoRUPCHARANoBARMAN,oJOINToSECRETARYoANDoHEADo CENTRALoEXCELLENCE,oCBSE,oPANJABARI,oGUWAHATI-781037,oR/O-o JANJOGoPATH,oKHANAPARA,oGUWAHATI,oPIN-o791022. VERSUSo

1.THEoCENTRALoBOARDoOFoSECONDARYoEDUCATIONoANDo4oORSo THROUGHoITSoCHAIRMAN,o2,oCOMMUNITYoCENTRE,oPREEToVIHAR,o DELHI-110092. 2:SECRETARY oCENTRALoBOARDoOFoSECONDARYoEDUCATION o2oCOMMUNITYoCENTRE oPREEToVIHARoDELHI-110092. 3:HIMANSHUoGUPTA oSECRETARYoCENTRALoBOARDoOFoSECONDARYoEDUCATION o2oCOMMUNITYoCENTREoPREEToVIHARoDELHI-110092. 4:THEoUNIONoOFoINDIA oTHROUGHoSECRETARY oCENTRALoBOARDoOFoSECONDARYoEDUCATIONo(MINISTRYoOFoHUMANo RESOURCEoANDoDEVELOPMENToGOVT.oOFoINDIA) o2oCOMMUNITYoCENTRE oPREEToVIHARoDELHI-110092. 5:ARVINDoKUMARoMISHRA oUNDERoSECRETARY oREGIONALoOFFICERo(IN-CHARGE) oCBSEoREGIONALoOFFICEoPATNAoAMBIKAoCOMPLEX oBAILEYoROADoRAJAoBAZARoSHEIKHPURA oPATNAoBIHAR-800014o Page No.# 2/3 For the Review Petitioner : Dr. G.J. Sharma, Advocate.

: Ms. K. Bhattacharya, Advocate. For the Respondent(s) : Mr. M.A. Niyazi, Advocate.

: Mr. M.K. Das, Advocate.

: Ms. B. Chetry, Advocate. – BEFORE – HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE SUMAN SHYAM

23.09.2024 (Vijay Bishnoi, CJ)

The instant review petition is filed by the review petitioner seeking review of the judgment and order dated 09.09.2024 passed by this Court in WP(C) No.4124/2024. Dr. G.J. Sharma, learned counsel appearing for the review petitioner has submitted that in Thiruvananthapuram, the place where the review petitioner was posted as the Head of Centre of Excellence (COE), no post of Joint Secretary exists and the other incumbent, who is working as the Assistant Secretary is given the charge of Head of COE, Thiruvananthapuram. It is contended that this fact has not been taken into consideration by this Court while deciding the above referred writ petition. It is noticed that pursuant to the direction given by this Court in the impugned judgment and order dated 09.09.2024, Central Board of Secondary Education (CBSE) has granted an opportunity to the review petitioner to opt for posting as Joint Secretary/Head, COE, Ajmer vide letter dated 11.09.2024 and it is informed that the review petitioner has opted for posting as Joint Secretary/Head, COE, Ajmer. Page No.# 3/3 Taking into consideration the above facts and circumstances of the case and also taking into consideration the fact that by way of this review petition the review petitioner has attempted to argue the matter on merits, which does not come under the scope of review, we do not find any force in this review petition. Hence, the instant review petition is dismissed.

JUDGE CHIEF JUSTICE Comparing Assistant