Gauhati High Court
Dr. Madhumita Kalita And 4 Ors vs The State Of Assam And 10 Ors on 23 September, 2019
Author: Manojit Bhuyan
Bench: Manojit Bhuyan, Ajit Borthakur
Page No.# 1/5
GAHC010220642019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA 254/2019
1:DR. MADHUMITA KALITA AND 4 ORS.
D/O- LATE SONESWAR KALITA, R/O- MADHAB DEVPUR, H/NO. 64, P.O.
REHABARI, GUWAHATI- 781008.
2: DR. MANSUR HILAL
S/O- LT. SHMSUL ALAM MAZUMDAR
MAZUMDER BARI
RANGIRKHARI
P.O.- SILCHAR
ASSAM.
3: DR. MRINALINI DAS
D/O- LT. DR. ANANTA MOHAN
W/O- SRI NRIPEN DAS
A1-NR COMPLEX
RATNAGIRI PATH
BAMUNIMAIDAN
GHY- 21.
4: DR. DILIP KUMAR TALUKDAR
S/O- LT. GOBINDA TALUKDAR
R/O VILL. and P.O.- DEKHALA VIA BIJOYNAGAR
DIST.- KAMRUP M
ASSAM.
5: DR. INDRANI GOGOI
W/O- SRI KEVYA KANTA GOGOI
BAIRAGIMATH
DIBRUGARH- 3
ASSAM
VERSUS
1:THE STATE OF ASSAM AND 10 ORS.
Page No.# 2/5
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
HIGHER EDUCATION TECHICAL DEPARTMENT, DISPUR, GUWAHATI-
781006.
2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
EDUCATION DEPARTMENT
DISPUR
GUWAHATI- 781006.
3:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM
HIGHER EDUCATION TECHNICAL DEPARTMENT
DISPUR
GUWAHATI- 781006.
4:THE DIRECTOR
TECHNICAL EDUCATION
ASSAM-CUM-MEMBER
DEPARTMENTAL PROMOTION COMMITTEE
KAHILIPARA
GUWAHATI- 781019
ASSAM.
5:SRI RATAN KUMAR GHOSH
PRESENTLY WORKING AS HEAD OF DEPARTMENT
CIVIL ENGINEERING DEPARTMENT-CUM-IN/CHARGE PRINCIPAL
BONGAIGAON
POLYTECHNIC
BONGAIGAON
ASSAM
S/O- LATE KHITISH CHANDRA GHOSH
R/O- OPPOSITE DC'S RESIDENCE
NORTH BONGAIGAON
CHAPAGURI ROAD
BONGAIGAON
DIST.- BONGAIGAON
ASSAM
PIN- 783380.
6:MANJUL SARMA
PRESENTLY WORKING AS HEAD OF DEPARTMENT
MECHANICAL ENGINEERING DEPARTMENT-CUM-IN/CHARGE PRINCIPAL
NOWGONG POLYTECHNIC
NAGAON
ASSAM
S/O- LATE DHARMESWAR SARMA
R/O- AMOLAPATTY
KOLONGPAR
J. EXTENSION ROAD
Page No.# 3/5
P.O. AND DIST.- NAGAON
ASSAM
PIN- 782001.
7:ROIS UDDIN AHMED
PRESENTLY WORKING AS HEAD OF DEPTT.
ELECTRICAL ENGINEERING DEPTT.
ASSAM ENGINEERING INSTITUTE
CHANDMARI
GHY- 3
S/O- LT. ALALUDDIN SHEIKH
R/O- QUARTERN NO. 39
ASSAM ENGINEERING INSTITUTE
CHANDMARI
GHY- 3
DIST.- KAMRUP
ASSAM.
8:KULENDRA CHANDRA BORO
PRESENTLY WORKING AS HEAD OF DEPTT.
ELECTRICAL ENGINEERING DEPTT.
NOWGONG POLYTECHNIC
NAGAON
ASSAM
S/O- LT. BANGSHIDHAR BORO
R/O- QUARTER NO. 2
NOWGONG POLYTECHNIC
NAGAON
DIST.- NAGAON
ASSAM
PIN- 782001.
9:DR. NAZRUL HOQUE
S/O- LT. KUTUBUDDIN AHMED
R/O- F.A. AHMED NAGAR
SIXMILE
HOUSE NO. 31
GHY- 22.
10:DR. GURU PRASAD KHATANIAR
C/O- THE DIRECTOR
TECHNICAL EDUCAITON
ASSAM-CUM-MEMBER SECY.
DEPERTMENTAL PROMOTION COMMITTEE
KAHILIPARA
GHY- 19
ASSAM.
Page No.# 4/5
11:DR. HITESH TAHBILDAR
C/O- THE DIRECTOR
TECHNICAL EDUCATION
ASSAM-CUM-MEMBER SECY.
DEPARTMENTAL PROMOTION COMMITTEE
KAHILIPARA
GHY- 19
ASSAM
Advocate for the Petitioner : MR. K N CHOUDHURY
Advocate for the Respondent : SC, HIGHER EDU
BEFORE
HONOURABLE MR. JUSTICE MANOJIT BHUYAN
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 23-09-2019 (Manojit Bhuyan, J) Heard Mr. K.N. Choudhury, learned senior counsel representing the appellants as well as Mr. K. Gogoi, learned Standing counsel for the Higher Education Technical Department appearing for respondent Nos. 1 to 4. Also heard Mr. P.K. Deka, learned counsel for the respondent Nos. 5 to 8.
Issue Notice.
As all the primary respondents are represented, steps are not required to be taken, save and except making available extra copies of the appeal memo to the respondents. At this stage, we are not inclined to issue notice on respondent nos. 9, 10, 11.
Having heard the learned counsel for the parties and on perusal of the materials on record, we deem it proper to pass an interim order to the extent that the services of the appellants, who are working as Principals and in equivalent posts under the Directorate of Technical Education, Assam, their services, as such, shall not be disturbed.
Mr. P.K. Deka, learned counsel representing respondent Nos. 5, 6, 7 and 8 submits Page No.# 5/5 that liberty may be afforded for filing appropriate application towards modification/cancellation of the interim protection granted today.
Needless to say, such liberty would always be available to the said respondents.
List for Admission on reopening after the ensuing Puja Vacation.
JUDGE JUDGE Comparing Assistant