Dr. Ruhul Amin v. The State of Assam and 8 Ors

ORDER Date : 19.12.2024

Heard Mr. J. Abedin, learned counsel for the applicant-writ petitioner; Ms. I. Das, learned counsel representing Mr. D. Upamanyu, learned Standing Counsel, Higher Education Department for the opposite party nos. 1 & 2; Mr. A. Lahkar, learned counsel appearing on behalf of Mr. A. Chamuah, learned Standing Counsel, UGC for the opposite party no. 3; and Mr. P.J. Phukan, learned Standing Counsel, GU for the opposite party no. 4. None has appeared for the opposite party nos. 5, 6 & 7 today despite call though their names are reflected in the cause-list.

¶2The opposite party nos. 8 & 9 have not appeared though it is reflected from the Order dated 13.08.2024 of the Lawazima Court that the service of notice upon the opposite party nos. 8 & 9 is complete.

¶3This application is preferred by the applicant, who is the writ petitioner in the connected writ petition, W.P.[C] no. 6080/2022, seeking change of address in respect of the party-respondent no. 9 – opposite party no. 9, as mentioned in Paragraph 8 of the application. The applicant-writ petitioner has also sought insertion of four new Paragraphs as Paragraph nos. 21 [a], 21 [b], 21 [c] & 21 [d] in between Paragraph 21 and Paragraph 22 in the accompanying writ petition, as reflected in the Paragraph 9 of the application. The applicant-writ petitioner has also sought insertion of an additional prayer, as extracted in Paragraph 10 of the instant application.

¶4It has been averred that if the correction in the address of the respondent no. 9 – opposite party no. 9, amendments in the form of additional four paragraphs and insertion of an additional prayer are not allowed, the applicant-writ petitioner is likely to suffer irreparable loss.

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¶5The prayer made in this application seeking correction / amendment / insertion is not objected to by the learned counsel appearing for the opposite parties.

¶6Having regard to the statements and averments made in this application, more particularly, the prayer for change in the address of the opposite party-respondent no. 9, insertion of Paragraph nos. 21 [a], 21 [b], 21 [c] & 21 [d] and insertion of the new prayer, this Court is of the view that the application is to be allowed in order to enable the applicant-writ petitioner to project his case in the right and proper perspective. Accordingly, the instant application is allowed.

¶7The applicant-writ petitioner shall file an amended writ petition on or before

07.01.2025.

JUDGE Comparing Assistant

PageoNo.o1/4 GAHC010264372024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3943/2024o DR.oRUHULoAMINo S/O-oLATEoHAZRAToALI,o R/O-oAZANoNAGARo(INoFRONToOFoEoANDoDoOFFICE)o WARDoNO-7,oP.O-oGOALPARA,oDIST-oGOALPARA,oASSAMo,PIN-783101 VERSUSo THEoSTATEoOFoASSAMoANDo8oORS.o REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o HIGHERoEDUCATIONoDISPUR,oGUWAHATI-6 2:THEoDIRECTORoHIGHERoEDUCATION oASSAMo oKAHILIPARA oGUWAHATI-19 3:THEoUNIVERSITYoGRANTSoCOMMISSIONo(UGC) oREPRESENTEDoBYoITSoSECRETARY oBAHADURoSHAHoJAFARoMARG oNEWoDELHIo-110002. 4:THEoGAUHATIoUNIVERSITY oREPRESENTEDoBYoTHEoVICE-CHANCELLOR oJALUKBARI oGUWAHATIo-781014. 5:THEoSELECTIONoCOMMITTEE oFORoSELECTIONoOFoTHEoPRINCIPALoOFoWESToGOALPARAoCOLLEGE oBALARBHITA oGOALPARA oREPRESENTEDoBYoTHEoMEMBERoSECRETARY oP.O.BALARBHITAo oDIST.oGOALPARA oASSAM oPIN-783129 Page No. 2/4 6:THE GOVERNING BODY OF WEST GOALPARA COLLEGE REPRESENTED BY THE PRESIDENT P.O.BALARBHITA DIST. GOALPARA ASSAM PIN-783129 7:DR. MANISHA BHATTACHARYYA D/O- MADAN CH. BHATTACHARYYA R/O- LARICA GREEN VALLEY NEAR DON BOSCO UNIVERSITY AZARA BLOCK NO-9 FLAT NO-405 P.O- AZARA DIST- KAMRUP (M) ASSAM PIN-781015 8:SHEIKH FARUK AHMED PRINCIPAL OF MANDIA ANCHALIK COLLEGE P.O- MANDIA DIST- BARPETA ASSAM PIN- 781308. 9:MOYNUL HOQUE ASSOCIATE PROFESSOR AND HEAD OF THE DEPTT. OF HISTORY GURUCHARAN COLLEGE SILCHAR DIST- CACHAR ASSAM PIN- 788004 Advocate for the Petitioner : MR. K I MAZUMDER, MR. K I MAZUMDER Advocate for the Respondent : SC, HIGHER EDU, SC, U G C,SC, G U,MR. M K CHOUDHURY (r- 7),MR. A BARKATAKI (r-7),MR P BHARDWAJ (r-5,6) Page No. 3/4 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY