Gauhati High Court
Inamul Hoque Choudhury And 5 Ors vs The State Of Assam And 2 Ors on 7 December, 2018
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
Page No.# 1/3
GAHC010237272015
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 4487/2015
1:INAMUL HOQUE CHOUDHURY and 5 ORS
S/O- LT. RAHMAN ALI CHOUDHURY, R/O VILL. and P.O.- SUTARGAON, P.S.-
BAIHATA CHARIALI, DIST.- KAMRUP R, ASSAM, PIN- 781381.
2: MRINAL MEDHI
S/O- LT. PRASANNA MEDHI
R/O- NIJARPAR
ARJUN PATH
HOUSE NO. 32
CHANDMARI COLONY
GHY- 3
ASSAM.
3: ASHOK KR. DAS
S/O- LT. CHANDI CHARAN DAS
R/O VILL. and P.O.- SATPAKHALI
KAMRUP
ASSAM.
4: MARAMI CHOUDHURY
W/O- SRI RAMEN DUTTA
R/O- FLAT NO. 2
B-02
PANJABARI NEAR KALAKHETRA
P.O.- KHANAPARA
GHY- 36
ASSAM.
5: PINKUMONI BARMAN
S/O- LT. NAGENDRA NATH BARMAN
R/O- MILONPUR
MILIJULI PATH
HOUSE NO. 1
P.O.- BAMUNIMAIDAN
Page No.# 2/3
GHY- 21
KAMRUP M
ASSAM.
6: ABHIJIT KUMAR BEZBARUAH
C/O- ADHIR KUMAR SEAL
R/O- GAKTAPARA
W/NO. 8
P.S.- BILASIPARA
P.O.- HAKMA
DIST.- DHUBRI
PIN- 783348
ASSAM
VERSUS
1:THE STATE OF ASSAM AND 2 ORS
REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM,
EDUCATION HIGHER DEPTT., DISPUR, GHY- 6.
2:THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GHY -6.
3:THE DIRECTOR OF HIGHER EDUCATION
ASSAM
KAHILIPARA
GHY- 19
Advocate for the Petitioner : MR.N PATHAK
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
Date : 07-12-2018 Heard the learned counsel for the parties.
Six petitioners have joined in this writ petition to claim benefit of Office Memorandum dated 07.02.2014, with regard to exemption of M. Phil/ NET/ SLET/ Ph. D, who have been Page No.# 3/3 appointed as Asst. Professor between 24.12.1998 to 13.01.2000 in the Degree College of Assam.
Mr. K. Gogoi, learned Standing counsel, on the other hand, submits that the said Office Memorandum cannot be relied upon in view of subsequent decisions of this Court as well as Hon'ble Apex Court and accordingly, prays for time to file an affidavit-in-opposition. Considering the importance of subject matter, Mr. K. Gogoi, learned Standing counsel for the Higher Education Department is granted 4(four) week's time to file the affidavit-in-opposition. The petitioner would be at liberty to file rejoinder, thereafter, if so advised.
List this matter again for admission after 4(four) weeks along with the affidavit-in- opposition which may be filed by the Department in the meantime.
JUDGE Comparing Assistant