Mehbub Alam Choudhury, v. The State of Assam and 5 Ors

ORDER Date : 19.08.2024

¶1Heard Mr. P. Deka, learned counsel for the applicant.

¶2Also heard Mr. P.K. Bora, learned Standing counsel, Elementary Education Department, for respondent Nos. 1 to 5.

¶3By this application, the applicant, who is the writ petitioner in WP(C) No. 5434/2017, is praying for amendment of the said writ petition on the ground that during pendency of WP(C) No. 5434/2017, certain developments have taken place and that the respondents have also termed the appointment of the petitioner as fake. Therefore, unless those orders are challenged and the writ petition is modified, the petitioner would not get substantial justice.

¶4Mr. P.K. Bora, learned Standing counsel, Elementary Education Department, however, submits that by allowing the petitioner to file amended writ petition would change the structure of the writ petition and therefore, the prayer of the applicant for amendment of the writ petition should be rejected.

¶5After hearing the learned counsel for the parties and on perusal of the materials available in the present application, this Court is of the considered Page No.# 4/4 opinion that that the applicant is praying for incorporating events that have taken place during pendency of WP(C) No. 5434/2017 and therefore, prayer of the applicant is found to have substance. Further, the respondents will be allowed to file counter affidavit if the amended writ petition is filed and therefore, this Court finds no reason to reject the present I.A.

¶6Accordingly, the prayer for amendment of the WP(C) No. 5434/2017 as proposed in Paragraph Nos. 11(i), 11(ii) & 11(iii), is allowed.

¶7I.A. is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010148842023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/1977/2023o MEHBUBoALAMoCHOUDHURY,o S/OoLT.oMOTIURoRAHMANoCHOUDHURYoR/OVILLoandoP.O.oDALU,oP.S.o BORKHOLAoDIST.oCACHAR,oASSAM VERSUSo THEoSTATEoOFoASSAMoando5oORS.o REP.BYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o EDUCATIONoDEPARTMENT,oASSAM 2:THEoDIRECTORoOFoELEMENTARYoEDUCATION oKAHILIPARA oGUWAHATI oASSAM 3:THEoDEPUTYoINSPECTORoOFoSCHOOL oCACHAR oSILCHAR oASSAM 4:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oCACHAR oSILCHAR oASSAM 5:THEoBLOCKoELEMENTARYoEDUCATIONoOFFICER oSALCHAPRA oCACHAR oASSAM 6:SHYMANoBARMAN Page No.# 2/4 AT 607 NO. DULA CHOTO RAMPUR L.P. SCHOOL VILL. DULA SALCHAPARA DIST. CACHAR SILCHAR ASSA Advocate for the Petitioner : MR.A CHETIA, MS T J SAHEWALLA,MR.P DEKA,MR.G N SAHEWALLA,MD.ASLAM Advocate for the Respondent : SC, ELEM. EDU, Linked Case : WP(C)/5434/2017 MEHBUB ALAM CHOUDHURY S/O LT. MOTIUR RAHMAN CHOUDHURY R/OVILL and P.O. DALU P.S. BORKHOLA DIST. CACHAR ASSAM VERSUS THE STATE OF ASSAM and 4 ORS. REP.BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EDUCATION DEPARTMENT ASSAM 2:THE DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA GUWAHATI ASSAM 3:THE DEPUTY INSPECTOR OF SCHOOL CACHAR SILCHAR ASSAM 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER CACHAR SILCHAR Page No.# 3/4 ASSAM 5:THE BLOCK ELEMENTARY EDUCATION OFFICER SALCHAPRA CACHAR ASSAM ------------ Advocate for : MR.A CHETIA Advocate for : SC ELEMENTARY EDUCATION appearing for THE STATE OF ASSAM and 4 ORS. BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR