Gauhati High Court
Sri Pradip Kalita And 10 Ors vs The State Of Assam And 11 Ors on 3 January, 2020
Author: N. Kotiswar Singh
Bench: N. Kotiswar Singh
Page No.# 1/11
GAHC010299112019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 4217/2019
1:SRI PRADIP KALITA AND 10 ORS.
S/O SRI SUREN KALITA, R/O VILL. PADMAPARA, P.O. PADDAPAR, P.S.
TAMULPUR, DIST. BAKSA, (BTAD), ASSAM, SCIENCE TEACHER,
SAMANAY M.E. SCHOOL, TAMULPUR BLOCK, DIST. BAKSA (BTAD),
ASSAM.
2: SRI ANIL HAZONG
S/O SRI BIPIN HAZONG
R/O VILLAGE DHAKHIN CHUBURI
P.O. KACHUKATA
P.S. TAMULPUR
DIST. BAKSA
ASSAM
SCIENCE TEACHER
BADAN CH. NARZARY GIRLS M.E. SCHOOL
DIST. BAKSA (B.T.A.D.)
ASSAM
3: SHRI ASHOK KR. BORO
S/O SRI LOHIT BORO
R/O VILLAGE KATJHARGOAN
P.O. KATAJHAR
P.S. GOBARDHANA
DIST. BAKSA
B.T.A.D.
ASSAM
SCIENCE TEACHER
DHEKIJANI BODO M.E. SCHOOL
DIST. BAKSA (B.T.A.D.)
ASSAM
4: SRI KUMUD BASUMATARY
Page No.# 2/11
S/O SRI NAGRA BASUMATARY
R/O VILLAGE HAHCHARA
P.O. RUPAHI
P.S. SALBARI
DIST. BAKSA
(B.T.A.D.)
ASSAM
SCIENCE TEACHER
HAHCHARA M.E. SCHOOL
BAKSA (B.T.A.D.) ASSAM
5: SMTI BHAIGYA BORO
D/O LACHIT CH. BORO
R/O VILLAGE BHALAGURI
P.O. HUDUKHATA
P.S. SALBARI
DIST. BARPETA
ASSAM
SCIENCE TEACHER
TANGABARI M.E. SCHOOL
BAKSA (B.T.A.D.)
ASSAM
6: SRI KAMESWAR BORO
S/O LT. RAMAKANTA BORO
R/O VILLAGE SANTIPUR
P.O. JAPADONG
P.S. BARBARI
DIST. BAKSA (B.T.A.D.)
ASSAM
SCIENCE TEACHER
JAPADONG MILAN M.E. SCHOOL
BAKSA (B.T.A.D.)
ASSAM
7: SRI UPEN SWARGIARY
S/O LT. BANIKANTA SWARGIARY
R/O VILLAGE BATHOUGURI
P.O. KALIPUR
P.S. TAMULPUR
DIST. BAKSA
B.T.A.D.
ASSAM
SCIENCE TEACHER OF N.K.DARRANG BORO M.E. SCHOOL
DIST. BAKSA (B.T.A.D.)
Page No.# 3/11
ASSAM
8: SRI ARJUN BASUMATARY
S/O SRI CHAHAR BASUMATARY
R/O VILLAGE DHANBIL
P.O. DHANBIL
P.S. BARBARI
DIST. BAKSA (B.T.A.D.)
ASSAM
SCIENCE TEACHER
PRAGATI M.E. SCHOOL
BAKSA (B.T.A.D.)
ASSAM
9: SRI DEVAKANTA BHANDARY
S/O CHABILAL BHANDARY
R/O VILLAGE DHANBIL
P.O. DHANBIL
P.S. BARBARI
DIST. BAKSA (B.T.A.D.)
ASSAM
SCIENCE TEACHER
INDRALAL PATHAK M.E. SCHOOL
DIST. BAKSA (B.T.A.D.) ASSAM
10: DEWAN ANJUMA KHATUN
D/O DEWAN KURPAN ALI
R/O VILLAGE CHAKIR VITHA
P.O. KAYAKUCHI
DIST. BARPETA
ASSAM
SCIENCE TEACHER
KRISHNAGURU VIDYAJYOTI M.E. SCHOOL
BAKSA (B.T.A.D.)
ASSAM
11: DILLI RAM BORAL
S/O SRI PRASAD BARAL
R/O VILLAGE BHUTANKHUTI
P.O. DIHIRA
P.S. MUSHALPUR
DIST. BAKSA (B.T.A.D.)
ASSAM
SCIENCE TEACHER
Page No.# 4/11
DEURALI BALIKA M.E. SCHOOL
BAKSA (B.T.A.D.)
ASSA
VERSUS
1:THE STATE OF ASSAM AND 11 ORS.
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
ASSAM, DEPTT. OF ELEMENTARY EDUCATION, DISPUR, GUWAHATI 6
2:THE COMMISSIONER AND SECRETARY TO THE W.P.T. AND B.C.
DEPARTMENT
GOVERNMENT OF ASSAM
DISPUR
GUWAHATI - 6
3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI - 6
4:THE SECRETARY TO THE GOVERNMENT OF ASSAM
ELEMENTARY EDUCATION DEPARTMENT
DISPUR
GUWAHATI - 6
5:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI - 19
6:THE BODOLAND TERRITORIAL COUNCIL
REPRESENTED BY ITS PRINCIPAL SECRETARY
BODOLAND TERRITORIAL COUNCIL
KOKRAJHAR CUM CHAIRMAN OF THE DISTRICT SCRUTINY COMMITTEE
BAKSA DISTRICT
DIST. BAKSA (B.T.A.D.)
ASSAM
PIN - 783370
7:THE DIRECTOR OF EDUCATION
BODOLAND TERRITORIAL COUNCIL
Page No.# 5/11
KOKRAJHAR
DIST. BAKSA (B.T.A.D.)
ASSAM
PIN - 783370
8:THE DISTRICT ELEMENTARY EDUCATION OFFICER
MUSHALPUR
BAKSA
DIST. BAKSA (B.T.A.D.)
ASSAM
PIN - 783370
9:THE BLOCK ELEMENTARY EDUCATION OFFICER
TAMULPUR BLOCK
DIST. BAKSA (B.T.A.D.)
ASSAM
PIN - 783370
10:THE BLOCK ELEMENTARY EDUCATION OFFICER
MUSHALPUR BLOCK
DIST. BAKSA (B.T.A.D.)
ASSAM
PIN - 783370
11:THE BLOCK ELEMENTARY EDUCATION OFFICER
JALAH BLOCK
DIST. BAKSA (B.T.A.D.)
ASSAM
PIN - 783370
12:THE BLOCK ELEMENTARY EDUCATION OFFICER
GORESWAR BLOCK
DIST. BAKSA (B.T.A.D.)
ASSAM
PIN - 78337
Advocate for the Petitioner : MRS A BUJARBARUAH
Advocate for the Respondent : SC, BTC
Page No.# 6/11
Linked Case : I.A.(Civil) 3358/2019
1:SRI PRADIP KALITA AND 10 ORS.
S/O SRI SUREN KALITA
R/O VILL. PADMAPARA
P.O. PADDAPAR
P.S. TAMULPUR
DIST. BAKSA (B.T.A.D.)
ASSAM SCIENCE TEACHER
SAMANAY M.E. SCHOOL
TAMULPUR BLOCK
DIST. BAKSA (B.T.A.D.)
ASSAM.
2: ANIL HAZONG
S/O SRI BIPIN HAZONG
R/O VILL. DHAKHIN CHUBURI
P.O. KACUKATA
P.S. TAMULPUR
DIST. BAKSA
ASSAM
TEACHER
BADAN CH. NARZARY GIRLS M.E. SCHOOL
DIST. BAKSA (B.T.A.D.)
ASSAM.
3: ASHOK KR. BORO
S/O SRI LOHIT BORO
R/O VILL. KATJHARGOAN
P.O. KATAJHAR
P.S. GOBARDHANA
BAKSA
B.T.A.D. ASSAM
SCIENCE TEACHER
DHEKIJANI BODO M.E.SCHOOL
DIST. BAKSA (B.T.A.D.)
ASSAM.
4: KUMUD BASUMATARY
S/O SRI NAGRA BASUMATARY
R/O VILL. HAHCHARA
P.O. RUPAHI
P.S. SALBARI
DIST. BAKSA (B.T.A.D.)
ASSAM
SCIENCE TEACHER
Page No.# 7/11
HAHCHARA M.E. SCHOOL
BAKSA (B.T.A.D.)
ASSAM.
5: BHAIGYA BORO
D/O LACHIT CH. BORO
R/O VILL. BHALAGURI
P.O. HUDUKHATA
P.S. SALBARI
DIST. BAKSA
ASSAM
SCIENCE TEACHER
TANGABARI
M.E. SCHOOL
BAKSA (B.T.A.D.)
ASSAM.
6: KAMESWAR BORO
S/O LT. RAMAKANTA BORO
R/O VILL. SANTIPUR
P.O. JAPADONG
P.S. BARBARI
DIST. BAKSA (B.T.A.D.)
ASSAM
SCIENCE TEACHER OF JAPADONG MILAN M.E.SCHOOL
BAKSA (B.T.A.D.)
ASSAM.
7: UPEN SWARGIARY
S/O LT. BANIKANTA SWARGIARY
R/O VILL. BATHOUGURI
P.O. KALIPUR
P.S. TAMULPUR
DIST. BAKSA
B.T.A.D.
ASSAM
SCIENCE TEACHER OF N.K. DARRANG BORO M.E. SCHOOL
DIST. BAKSA (B.T.A.D.)
ASSAM.
8: ARJUN BASUMATARY
S/O SRI CHAHAR BASUMATARY
R/O VILL. DHANBIL
P.O. DHANBIL
P.S. BARBARI
DIST. BAKSA
(B.T.A.D.)
Page No.# 8/11
9: DEVAKANTA BHANDARY
S/O CHABILAL BHANDARY
R/O VILL. NIKASHI DHANSRIPUR
P.O. DIHIRA
P.S. MUSHALPUR
DIST. BAKSA (B.T.A.D.)
ASSAM
SCIENCE TEACHER
INDRALAL PATHAK GIRLS M.E. SCHOOL
DIST. BAKSA (B.T.A.D.)
ASSAM.
10: DEWAN ANJUARA KHATUN
D/O DEWAN KURPAN ALI
R/O VILL. CHAKIR VITHA
P.O. KAYAKUCHI
DIST. BARPETA
ASSAM
SCIENCE TEACHER
KRISHNAGURU VIDYAJYOTI M.E.SCHOOL
BAKSA (B.T.A.D.)
ASSAM.
11: DILLI RAM BORAL
S/O SRI PRASAD BARAL
R/O VILL. BHUTANKHUTI
P.O. DIHIRA
P.S. MUSHALPUR
DIST. BAKSA (B.T.A.D.)
ASSAM
SCIENCE TEACHER
DEURALI BALIKA M.E. SCHOOL
BAKSA (B.T.A.D.)
ASSAM.
VERSUS
1:THE STATE OF ASSAM AND 9 ORS.
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
ASSAM
DEPTT. OF ELEMENTARY EDUCATION
DISPUR
GUWAHATI-6
2:THE COMMISSIONER AND SECY. TO THE W.P.T. AND B.C.
GOVT. OF ASSAM
DISPUR
GUWAHATI-6
Page No.# 9/11
3:THE SECY. TO THE GOVT. OF ASSAM
ELEMENTARY EDUCATION
DISPUR
GUWAHATI-6
4:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19
5:THE BODOLAND TERRITORIAL COUNCIL
REPRESENTED BY ITS PRINCIPAL SECY.
BODOLAND COUNCIL CUM DIST. SCRUTINY
DIST. KOKRAJHAR (B.T.A.D.)
ASSAM
PIN 783370
6:THE DIRECTOR OF EDUCATION OFFICER
BODOLAND TERRITORIAL COUNCIL
KOKRAJHAR
(B.T.A.D.)
ASSAM
PIN 783370
7:THE DIST. ELEMENTARY EDUCATION OFFICER
KOKRAJHAR
DIST. KOKRAJHAR (B.T.A.D.)
ASSAM
PIN 783370
8:THE BLOCK EDUCATION
KOCHUGOANS BLOCK
KOKRAJHAR (B.T.A.D.)
ASSAM
PIN 783360
9:THE BLOCK ELEMENTARY EDUCATION OFFICER
GOSSAINGAON BLOCK
KOKRAJHAR
(B.T.A.D.)
ASSAM
PIN 783360
10:THE BLOCK ELEMENTARY EDUCATION OFFICER
DOTOMA BLOCK
KOKRAJHAR
(B.T.A.D.)
ASSAM
Page No.# 10/11
PIN 783347
Advocate for the Petitioner : MRS A BUJARBARUAH
Advocate for the Respondent : SC
ELEM. EDU
BEFORE
HONOURABLE MR. JUSTICE N. KOTISWAR SINGH
ORDER
Date : 03-01-2020 Heard Ms. A. Bujarbaruah, learned counsel for the applicants.
By this Interlocutory Application the applicants have prayed for correction of certain errors occurring in the Cause-title of the certified copy of the order dated 07.08.2019, passed in WP(C) 5392/2019.
Referring to paragraph 5 of the Interlocutory Application, learned counsel for the applicants submits that while drafting the writ petition, inadvertently the name of the village of petitioner No. 3 was wrongly written as "Katjhargaon" instead of "Kataijhar gaon"; in the address of the petitioner No. 5 the name of the district was wrongly described as "Barpeta" instead of "Baksa"; in respect of petitioner No. 7, name of the school was wrongly recorded as "N.K. Darranga Boro M.E. School" instead of "N. K. Darrang Boro M.E. School"; in respect of petitioner No. 9, the name of the village was wrongly written as "Village Dhanbil" instead of "Village Nikashi Dhansripur" and the Post Office and Police Station were wrongly described as "Dhanbil" and "Barbari", instead of "Dihira" and "Mushalpur", respectively, and the name of the petitioner No. 10 was wrongly written as "Dewan Anjura Khatun" instead of "Dewan Anjuma Khatun" and, consequently, the aforesaid wrong names and addresses have been reflected in the Cause-title of the certified copy of the order. Accordingly, learned counsel for the applicants prays for a direction for correction of the aforesaid errors in the Cause-title of the certified copy of the order.
This Court has perused the certified copy of the order annexed to this Interlocutory Application.
Since the Cause-title of the certified copy of the order reflects the same names and Page No.# 11/11 addresses as appearing in the Cause-title of the writ petition, it cannot be said that there is any error in the certified copy of the order.
However, as the applicants have approached this Court praying for correction of the aforesaid names and addresses, for ends of justice, the prayer of the applicants is allowed.
Registry is directed to do the needful for issuing a fresh certified copy of the order dated 07.08.2019, passed in WP(C) 5392/2019, with the correct names and addresses of the petitioners, which are also to be rendered in the writ petition as averred in paragraph 5 of the Interlocutory Application.
Interlocutory Application stands disposed of accordingly.
JUDGE Comparing Assistant