Gauhati High Court
Mahindra Kour vs The State Of Assam And 6 Ors on 31 August, 2022
Author: Nani Tagia
Bench: Nani Tagia
Page No.# 1/6
GAHC010061362019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1915/2019
MAHINDRA KOUR
D/O- LATE HIMMAT SINGH, R/O- H NO. 19, ROOP NAGAR, GUWAHATI,
DIST- KAMRUP(M), PIN- 781032, ASSAM
VERSUS
THE STATE OF ASSAM AND 6 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM,
EDUCATION (ELEMENTARY) DEPTT, DISPUR, GUWAHATI- 06
2:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI- 19
3:THE ASSAM PUBLIC SERVICE COMMISSION
JAWAHAR NAGAR
KHANAPARA
GUWAHATI- 781022
REP. BY ITS SECRETARY
4:UPENDRA NARAYAN SINGH
PRESENTLY WORKING AS PRINCIPAL OF RAMESH CHANDRA SAHARIA B
ED COLLEGE
TANGLA
DIST- UDALGURI
PIN- 784521
ASSAM
PRESENT ADDRESS R/O- TENGABARI CHOWK
MANGALDOI
DIST- DARRANG
PIN- 784125
Page No.# 2/6
ASSAM
5:JINA BALA NATH
COLLEGE OF TEACHER EDUCATION
TEZPUR
PIN- 784001
ASSAM
6:AJOY KANDULA
COLLEGE OF TEACHER EDUCATION
TEZPUR
PIN- 784001
ASSAM
7:MOUSUMI BORDOLOI
GOVT BANIKANTA COLLEGE OF TEACHER EDUCATION
GUWAHATI- 781007
DIST- KAMRUP(M)
ASSA
Advocate for the Petitioner : MS D BORGOHAIN
Advocate for the Respondent : SC, ELEM. EDU
Linked Case : WP(C)/4613/2013
DR. MAHINDRA KOUR
D/O- SHRI HIMMAT SINGH
R/O- HOUSE NO. 19
ROOP NAGAR
GHY- 32
DIST.- KAMRUP M
ASSAM.
VERSUS
THE STATE OF ASSAM AND 7 ORS
REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM
EDUCATION ELEMENTARY DEPTT.
DISPUR
GHY- 6.
Page No.# 3/6
2:THE DY. SECY. TO THE GOVT. OF ASSAM
EDUCATION DEPTT.
DISPUR
GHY- 6
DIST.- KAMRUP M
ASSAM.
3:THE ASSAM PUBLIC SERVICE COMMISSION
JAWAHAR NAGAR
KHANAPARA
GHY- 22
REP. BY ITS SECY.
4:UPENDRA NARAYAN SINGH
MANGALDOI GOVT. TEACHER TRAINING COLLEGE
MANGALDOI.
5:JINA BALA NATH
COLLEGE OF TEACHER EDUCATION
TEZPUR.
6:DR. SIDHARTHE SAIKIA
COLLEGE OF TEACHER EDUCATION
TEZPUR.
7:AJOY KANDULA
COLLEGE OF TEACHER EDUCATION
TEZPUR.
8:MOUSUMI BORDOLOI
GOVT. BANIKANTA COLLEGE OF TEACHER EDUCATION
GHY- 7
DIST.- KAMRUP M
ASSAM.
------------
Advocate for : MS.S DAS
Advocate for : MR.J SARMA appearing for THE STATE OF ASSAM AND 7 ORS
Page No.# 4/6
BEFORE
HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 31.08.2022 Heard Ms. D. Borgohain, learned counsel for the petitioner. Also heard Mr. P. K. Borah, learned standing counsel, Elementary Education Department, Government of Assam; and Mr. U. K. Nair, learned senior counsel, appearing on behalf of their respective respondents.
WP(c)4613/2013 has been filed by the petitioner, seeking a direction to the respondent authorities to recast the final gradation list of the Lecturers in the Government provincialized B.Ed./B.T. Colleges.
WP(c)1915/2019 has also been filed by the same petitioner, seeking a direction to the respondent authorities to recast the final select list, dated 01.01.2019, for promotion to the post of Professor by placing the private respondents No. 6 & 7, herein, below the instant petitioner.
It has now been submitted by the learned counsels for the parties that the petitioner as well as the private respondents No. 6 & 7 in WP(c)1915/2019, had been promoted to the higher grade of Principal and the petitioner is now working as Principal in CTE, Mangaldoi, and the respondents No. 6 & 7 are presently working as Principals in the CTE, Tezpur, and IASE, Guwahati, respectively.
It has further been submitted that the post of the Principal in the above-named institutions are highest in the Grade and there is no further scope for either of the parties for further mobility in the administrative heirarchy.
In that view of the matter; Mr. Nair, learned senior counsel representing the respondents No. 6 & 7, submits that both these writ petitions have become infructuous with no live issues remaining to be determined further by the Court.
Page No.# 5/6 On the other hand, Ms. Borgohain, learned counsel for the petitioner, by referring to the affidavit sworn by the petitioner on 08.08.2022; submits that the Government of Assam in the Elementary Education Department, have initiated the process for creation of a common cadre of Teacher Educators which may open up further avenues of promotion for the Teacher Educators of the B.Ed. Colleges as well as restructuring of the Centrally Sponsored Scheme of Teacher Education(CSSTE), and as such, the determination of seniority raised in these writ petitions still may have relevance.
The creation of a common cadre of Teacher Educators or restructuring of the Centrally Sponsored Scheme of Teacher Education(CSSTE), stated to have been initiated by the Government of Assam in the affidavit filed by the petitioner, however, has not been completed. Therefore, it is not known whether restructuring of the Centrally Sponsored Scheme of Teacher Education(CSSTE), or, the process for creation of a common cadre of Teacher Educators, would actually see the light of the day.
Accordingly, as contended by Ms. Borgohain, learned counsel for the petitioner; to keep these writ petitions pending until the creation of a common cadre of Teacher Educators, or, restructuring of the Centrally Sponsored Scheme of Teacher Education(CSSTE), has been completed by the Government of Assam; cannot find favour from this Court inasmuch it is not known, at this stage, whether the process initiated by the Government of Assam as indicated hereinabove; would actually be effected by the Government of Assam, or, not. In other words, these writ petitions which have no live issue(s) to be determined further by this Court, cannot be kept pending on the ground of anticipated happening of a future event.
Accordingly, I close these writ petitions as infructuous with a liberty granted to the petitioner as well as the private respondents No. 6 & 7 to raise all the contentions that have been raised by both the parties in these writ petitions, in an event, the necessity arises for either of the parties to file a writ petition before this Court in the Page No.# 6/6 future, in the event, the Government of Assam takes/finalizes a decision for creation of a common cadre of Teacher Educators, or, restructuring of the Centrally Sponsored Scheme of Teacher Education(CSSTE), affecting any of the rights, either, of the writ petitioner, or, the private respondents No. 6 & 7.
It is, ordered, accordingly.
JUDGE Comparing Assistant