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Gauhati High Court

Ratan Singh vs The State Of Assam And 9 Ors on 21 February, 2022

Author: Achintya Malla Bujor Barua

Bench: Achintya Malla Bujor Barua

                                                                   Page No.# 1/3

GAHC010025502022




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

                          Case No. : WP(C)/1110/2022

         RATAN SINGH
         S/O- LATE M BABU SINGH, R/O- VILL.- BINNAKANDI PART-II, P.O.
         BINNAKANDI GHAT, P.S. LAKHIPUR, DIST. CACHAR, ASSAM, PIN- 788126.



         VERSUS

         THE STATE OF ASSAM AND 9 ORS
         REP. BY THE COMMISSIONER AND SECRETARY, REVENUE AND DISASTER
         MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-781006, ASSAM

         2:THE COMMISSIONER AND SECRETARY
          SECONDARY EDUCATION DEPARTMENT
          DISPUR
          GUWAHATI-781006
         ASSAM

         3:THE DIRECTOR OF ELEMENTARY EDUCATION
         ASSAM
          KAHILIPARA
          GUWAHATI-781019
         ASSAM

         4:THE DIRECTOR OF SECONDARY EDUCATION
         ASSAM
          KAHILIPARA
          GUWAHATI-781019
         ASSAM

         5:THE DISTRICT ELEMENTARY EDUCATION OFFICER
          SILCHAR
          CACHAR-788007.
                                                                             Page No.# 2/3

            6:THE DEPUTY COMMISSIONER
             CACHAR
             SILCHAR-788001.

            7:THE INSPECTOR OF SCHOOL
             SILCHAR
             CACHAR-788007.

            8:RUTH JOAN SINGHA
            W/O- PH. MANIDHON SINGHA
             R/O- VILL.- LALANG PT-I
             P.O. PALIAPOOL
             P.S. LAKHIPUR
             DIST. CACHAR
            ASSAM
             PIN- 788098.

            9:MOIRANGTHEM DEB SINGH MEMORIAL ACADEMY
             REP. BY ITS HEADMASTER
             PH. MANIDHON SINGHA
             SON OF LATE PH. BALADEB SINGHA
             BINNAKANDI PART-II
             P.O. BINNAKANDI GHAT
             P.S. LAKHIPUR
             DIST. CACHAR
            ASSAM-788126.

            10:THE DIRECTOR

             BIBLES INTERNATIONAL INDIA SOCIETY
             P.O. PAILAPOOL
             CACHAR
             PIN- 788098

Advocate for the Petitioner   : MR. U K NAIR

Advocate for the Respondent : GA, ASSAM




                                 BEFORE
            HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                          ORDER

Date : 21-02-2022 Heard Mr. U K Nair, learned senior counsel for the petitioner. Also heard Mr. B J Page No.# 3/3 Talukdar, learned counsel for the respondents no. 1 and 6 being the authorities under the Revenue and Disaster Management Department and Deputy Commissioner, Cachar, Silchar.

2. Considering the nature of the order proposed to be passed, notices are not required to be issued to the respondents no. 8, 9 and 10.

3. The petitioner raises a limited grievance that the representation dated 04.05.2021 has been submitted before the Commissioner and Secretary to the Government of Assam in the Elementary Education Department but the said representation has not been given its consideration.

4. Considering the limited grievance raised, we require the Commissioner and Secretary to consider the same and pass a reasoned order thereon. In doing so, if the Commissioner and Secretary is of the view that the respondents no. 8, 9 and 10 are also required to be given a hearing, the Commissioner may do the needful.

5. We are clarifying that requiring the Commissioner to pass a reasoned order, we are not expressing any view on the merit of the claim made in the representation nor we are expressing any view that the issue raised requires a consideration by the Commissioner and Secretary and it would for the Commissioner to pass his own order as the Commissioner may deem appropriate.

6. Writ petition stands disposed of with the above observation.

JUDGE Comparing Assistant