Gauhati High Court
Nitya Nanda Phukan And 9 Ors vs Page No.# 3/4 on 18 February, 2020
Author: N. Kotiswar Singh
Bench: N. Kotiswar Singh
Page No.# 1/4
GAHC010037912020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 1207/2020
1:NITYA NANDA PHUKAN AND 9 ORS.
S/O- LATE JITEN PHUKAN, VILL- JEHENIA GAON, P.O- SAMAGURI, P.S-
AMGURI, DIST- SIVASAGAR, ASSAM, PIN- 785680
2: RUBUL HAZARIKA
S/O- BODON HAZARIKA
VILL- HALOWA
P.O- CHARINGIA
P.S- AMGURI
DIST- SIVASAGAR
ASSAM
PIN- 785680
3: SHYAMLAL NEWAR
S/O- MON NARAYAN NEWAR
VILL- PHILLOBARI TINIALI
P.O- ARUNODY
DIST- TINSUKIA
ASSAM
PIN- 786160
4: MD. RAJIQUL ISLAM
S/O- MD. ABDUR RAHMAN
VILL- DALGAON KHUTI
P.O- DALGAON
DIST- DARRANG
ASSAM
PIN- 781124
5: LALIT KR BARBARUA
S/O- LATE PURNANANDA BARBARUAH
VILL- BARHAMPUR
P.O- BARHAMPUR
P.S- SADAR
Page No.# 2/4
DIST- NAGAON
ASSAM
PIN- 782102
6: PINKI RANI SAHA
W/O- BHASKAR SAHA
BISHNU RAVA PATH
BYE LANE -1
BHASKAR NAGAR
P.O- BINOVA NAGAR
KAMRUP(M)
GUWAHATI- 18
7: NEPAL CHANDRA ROY
LATE BRAJALAL ROY
JAYANTA NAGAR
WARD NO. 01
P.O- KHARUPETIA
P.S- KHARUPETIA
DIST- DARRANG
8: MINAKA GIRI
W/O- HEMSAGAR ACHARYA
VILL- KARIBIL NEPALI
P.O- KAWRI PATHER
P.S- HELEM
DIST- BISWANATH
PIN- 784170
9: GAKUL BARUAH
VILL- DHOLE BAGAN
P.O- DHOLE BAGAN
P.S- MATHURAPUR
DIST- SIVASAGAR
ASSAM
PIN- 785686
10: ANUPAMA DAS
W/O- GOPINATH PATOWARY
VILL- BIHDIA
P.O- BIHDIA
P.S- BAIHATA CHARIALI
DIST- KAMRUP
PIN- 78138
VERSUS
Page No.# 3/4
1:THE STATE OF ASSAM AND 2 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM,
EDUCATION (ELEMENTARY) DEPTT, DISPUR, GHY- 781006
2:THE PERSONNEL (B) DEPTT
GOVT OF ASSAM
REP. BY ITS PRINCIPAL SECRETARY
DISPUR
GHY- 06
3:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI- 78101
Advocate for the Petitioner : MR R A AHMED
Advocate for the Respondent : SC, ELEM. EDU
BEFORE
HONOURABLE MR. JUSTICE N. KOTISWAR SINGH
ORDER
Date : 18-02-2020 Heard Mr. R.A. Ahmed, learned counsel for the petitioners and Mr. D. Saikia, learned Senior Standing Counsel, Education Department, Government of Assam, assisted by Mr. N.J. Khataniar, learned counsel.
2. Learned counsel for the petitioners has prayed for passing an interim order as passed by this Court on 10.02.2020 in WP(C) No.909/2020.
3. On the other hand, Mr. Saikia, learned Senior Standing Counsel, Education Department submits that by order dated 10.02.2020, this Court had directed the petitioners therein to submit their applications manually within three days, i.e., 13.02.2020 by 4.30 pm and subsequently, by another order passed on 13.02.2020 in similar writ petitions, it was extended up-to 6 pm of 13.02.2020. Thereafter, another order was passed by this Court on 14.02.2020 in WP(C) No.933/2020 in which this Court, after having perused the earlier order passed by this Court on 13.02.2020, made an observation that further extension of time may not be appropriate and may create inconvenience to the Administration. It was also observed Page No.# 4/4 that however, it is for the Administration, if the petitioners apply to the authorities, in their wisdom and discretion whether to accept the applications or not. Accordingly, the petitioners in WP(C) No.933/2020 were directed to approach the Director of Elementary Education, Assam by filing offline applications which may be duly considered by the authorities for acceptance in their wisdom.
4. Today, it has been submitted by learned counsel for the petitioners that since this Court had passed an order on 10.02.2020 as well as on 13.02.2020 extending the date for submission of application, similar order may be passed in this writ petition also.
5. While this Court has full sympathy for the petitioners but has also to maintain certain uniformity in passing orders. Therefore, this Court, at best, is willing to pass a similar order as passed in WP(C) No.933/2020 on 14.02.2020.
6. In view of above, the petitioners may approach respondent No.3, Director of Elementary Education, Assam by filing offline applications and it is for the Administration in their wisdom/discretion to accept the same or not.
7. Mr. N.J. Khataniar, assisting Mr. Saikia, learned Senior Standing Counsel, Education Department will furnish copies of the affidavit-in-opposition stated to have been filed by the State to the learned counsel for the petitioners who have not yet been furnished so that the matter can be effectively decided on 25.02.2020.
8. As agreed to by learned counsel for the parties, list the matter on 25.02.2020 along with the other connected matters.
JUDGE Comparing Assistant