Gobin Sarmah vs The State Of Assam And 3 Ors on 8 April, 2022

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Gauhati High Court

Gobin Sarmah vs The State Of Assam And 3 Ors on 8 April, 2022

Bench: Kalyan Rai Surana

                                                                     Page No.# 1/3

GAHC010072602022




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

                                 Case No. : WP(C)/2621/2022

            GOBIN SARMAH
            S/O LT. PREMAL SARMAH VILL. NC NEPALI, P.O. AND P.S. GOGOMUKH,
            DIST. DHEMAJI, ASSAM, ASSISTANT TEACHER CUM IN CHARGE, HEAD
            MASTER GAGAMUKH GIRLS HIGH SCHOOL



            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            TO BE REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF
            ASSAM EDUCATION SECONDARY DEPTT. DIPUR, GUWAHATI-6

            2:THE DIRECTOR
             SECONDARY EDUCATION ASSAM
             KAHILIPARA
             GUWAHATI-19

            3:THE INSPECTOR OF SCHOOLS
             DHEMAJI
             DIST. CIRCLE DIST. DHEMAJI
            ASSAM

            4:BHABANI HAZARIKA
            ASSISTANT TEACHER GOGOMUKH GIRLS HIGH SCHOOL
             C/O GOGAMUKH GIRLS HIGH SCHOOL
            VILL. AND P.O. GOGAMUKH DIST. DHEMAJI
            ASSAM
             PIN-78702

Advocate for the Petitioner   : MR A R BHUYAN

Advocate for the Respondent : SC, SEC. EDU.
                                                                       Page No.# 2/3




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                     ORDER

08.04.2022 Heard Mr. J. Payeng, learned counsel for the petitioner as well as Mr. U. Sarma, learned standing counsel for the Secondary Education Department appearing for the respondent nos.1, 2 and 3 alleging that the petitioner who is the In charge Headmaster of Gogamukh Girl's High School has been replaced by respondent no.4 who has been appointed as In charge Headmaster, the learned counsel for the petitioner alleges the principle of ad hoc cannot be replaced by an ad hoc and accordingly this writ petition is filed under Article 226 of the Constitution of India.

Issue notice including notice on the prayer for interim relief returnable on 27.05.2022.

Requisite extra copies of the writ petition be served on the learned departmental counsel in course of the day.

The petitioner shall take steps within 2(two) days for service of notice on the respondent no.4 by registered post with A/D. An option is given to the petitioner to serve notice on the respondent no.4 by way of dasti by routing the process through the Registry of this Court, and upon service, an affidavit of service shall be filed prior to the next date fixed. The learned counsel for the petitioner is also at liberty to renew the prayer for interim relief on the next returnable date.

The Court is also inclined to observe that the appointment on respondent Page No.# 3/3 no.4 in the post of Headmaster (In charge) shall be subject to further orders that may be passed on the next date.

List the matter on 27.05.2022.

JUDGE Comparing Assistant

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