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Gauhati High Court

Mustafa Shamim Barbhuiya vs Dr. Bijoya Choudhury on 22 February, 2024

                                                                                       Page No.# 1/2

GAHC010000222023




                               THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : Cont.Cas(C)/29/2023

             MUSTAFA SHAMIM BARBHUIYA
             S/O LATE MUSABBIR ALI BARBHUIYA, R/O KATIGORAH PART-III, P.O.-
             KATIGORAH, DIST-CACHAR, ASSAM, PIN-788805



             VERSUS

             DR. BIJOYA CHOUDHURY, IAS
             SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL
             EDUCATION, DISPUR, GUWAHATI-06

             2:NARAYAN KONWAR
              IAS
              SECRETARY TO THE GOVERNMENT OF ASSAM
              DEPARTMENT OF SCHOOL EDUCATION
              DISPUR
              GUWAHATI-781006

Advocate for the Petitioner    : MR. M KHAN

Advocate for the Respondent : SC, SEC. EDU.




                                     BEFORE
                         HONOURABLE MR. JUSTICE KARDAK ETE

                                             ORDER

Date : 22.02.2024 Heard Mr. M. Khan, learned counsel for the petitioner. Also heard Ms. N. Phukan, learned counsel for the alleged contemnor No.2 and Mr. B. Kaushik, learned counsel for the alleged contemnor No.1.

Page No.# 2/2 Mr. B. Kaushik, learned counsel, by producing a copy of the order dated 21.02.2024, submits that the order of this Court has been substantially complied with, as after consideration of the case of the petitioner, it is found that the name of the petitioner was not included in the U-DISE data for the period 2013 onwards, therefore, the case of the petitioner could not be considered. The authority has expressed its opinion that in compliance of the Hon'ble Courts order in similar other cases, the Judicial Department had suggested to move the Cabinet for framing a policy for verification in addition to the U-DISE data and the same has been processed and sent to the appropriate authority.

In view of the above, I am of the considered view that there is no willful disobedience of the order of this court dated 02.09.2022 passed in WP(C) 1715/2022. Accordingly, Contempt petition stands closed.

Copy of the order dated 21.02.2024 be kept on record and marked as document 'X'.

JUDGE Comparing Assistant