Gauhati High Court
Page No.# 1/4 vs Rajesh Kemprai And 3 Ors on 28 June, 2022
Author: Achintya Malla Bujor Barua
Bench: Achintya Malla Bujor Barua
Page No.# 1/4
GAHC010146262021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/342/2021
MUNINDRA BARMAN AND 9 ORS.
S/O LT. NARENDRA NATH BARMAN, R/O HOUSE NO. 25, FLAT NO. 3(C),
GAURAV ROSE BAY, MADHUBAN NAMGAHR PATH, BAMUNIMAIDAN,
GUWAHATI-781021
2: SUBASH THAKURIA
S/O LT. KRISHNA KANTA THAKURIA
R/O VILL-BAIRAGI
P.O. AND P.S.-PATACHARKUCHI
DIST-BARPETA
ASSAM
PIN-781326
3: APURBA NATH
S/O LT. GOURHAI NATH
R/O HOUSE NO. 7
ASEB ROAD
P.O.-ULUBARI
NEAR SHIV HOTEL
GUWAHATI-781007
DIST-KAMRUP (M)
4: UPENDRAJIT DAS
S/O LT. ADITYA CH. DAS
R/O HOUSE NO. 35
EAST JYOTINAGAR
BYELANE NO. 3
P.O.-BAMUNIMAIDAN
GUWAHATI-781021
DIST-KAMRUP(M)
5: MD. ARIF HUSSAIN
S/O LT. MOKBUL HUSSAIN
C/O DR. NEKIB HUSSAIN
Page No.# 2/4
R/O HOUSE NO. 1
BYELANE NO. 3
BISHNUJYOTI PATH
HATIGAON
GUWAHATI-781038
DIST- KAMRUP(M)
6: MANIK DUTTA
S/O LT SRIKANTA DUTTA
OFFICE OF THE EXECUTIVE ENGINEER
PUBLIC WORKS ROADS DEPTT.
GUWAHATI ROAD DIVISION GHY-1
7: SIMANTA KUSUM SARMAH
S/O LT BIRESWAR SARMAH
OFFICE OF THE EXECUTIVE ENGINEER
P.W.D.
RANGIA
N.H. DIVISION RANGIA
8: JAMINI KUMAR BARMAN
S/O LT BHOGIRAM BARMAN
OFFICE OF THE EXECUTIVE ENGINEER
PWRD
GUWAHATI CITY DIVISION NO. II
GHY-21
9: NEWTON DEORI
S/O SRI PROFULLA DEORI
OFFICE OF THE CHIEF ENGINEER
PWRD
ASSAM
CHANDMARI GHY-3
10: CHANDAN DEKA
S/O SRI RAMEN MOHAN DEKA
OFFICE OF THE CHIEF ENGINEER
PWRD
ASSAM
CHANDMARI
GHY-
VERSUS
RAJESH KEMPRAI AND 3 ORS.
COMMISSIONER AND SPECIAL SECRETARY TO THE GOVERNMENT OF
ASSAM, PUBLIC WORKS ROADS DEPARTMENT (PWRD), GROUND FLOOR,
BLOCK B, ASSAM SECRETARIAT, DISPUR, GUWAHATI-781006
Page No.# 3/4
2:BIRAJ TALUKDAR
CHIEF ENGINEER
PWD (BORDER ROAD AND NEC WORKS)
PUBLIC WORKS (ROADS) DEPARTMENT
OFFICE OF THE CHIEF ENGINEER
PWD (BORDER ROAD AND NEC WORKS)
CHANDMARI
GUWHATI-781003
GUWAHATI-3
3:M. RAHMAN
DEPUTY SECRETARY
ESTT-II BRANCH
PWRD
DISPUR
GUWAHATI-781006
4:RAJ CHAKARBORTY
COMMISSIONER AND SPECIAL SECRETARY TO THE GOVERNMENT OF
ASSAM
PUBLIC WORKS (B AND NH) DEPTT.
PUBLIC WORKS BUILDING AND NH DEPT
BLOCK B
GROUND FLOOR
ASSAM SECRETARIAT
DISPUR
GUWAHATI-78100
Advocate for the Petitioner : MR. A SARMA
Advocate for the Respondent : MR. D SAIKIA (R1-R3)
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 28.06.2022 This contempt petition is instituted alleging willful and deliberate violation of the direction contained in paragraph 15 of the judgment dated 17.12.2020 in WP(C)/4529/2019 and other related writ petitions.
2. The direction was that the B.Tech degrees of the writ petitioners therein are to be Page No.# 4/4 construed to be valid B.Tech degrees inasmuch as the degrees were obtained from an Institute called IASE or other equivalent Institutes whose degrees were otherwise found to have been not valid, would stand validated if such degree holders successfully appear in a subsequent examination to be held by the AICTE. On the aforesaid proposition of law, the direction of this Court was issued.
3. Mr. P Nayak, learned counsel for the respondents contemnors brings it to the notice of the Court that there is a subsequent judgment by the Hon'ble Supreme Court in Orissa Lift Irrigation Corporation Limited v. Rabi Sankar Patro and others reported in (2018) 2 SCC 298 wherein in paragraph 26.2 it had been provided that the successful attempt at the AICTE conducted examination ought to have been done in the first attempt itself and only in such occasion, the benefit given in the earlier judgment dated 22.02.2018 in Orissa Lift Irrigation Corporation Limited v. Rabi Sankar Patro and others reported in (2018) 2 SCC 298 would be available.
4. It is stated that some of the petitioners have not cleared the AICTE conducted examination in the first attempt and therefore, the earlier benefits of their degrees being validated would not be available.
List tomorrow i.e. on 29.06.2022.
JUDGE Comparing Assistant