Abdul Khalek v. The State of Assam and 4 Ors

ORDER Date : 17-12-2024 Heard Mr. I.H. Saikia, learned counsel for the applicant; Mr. P.K. Munir, learned counsel for the opposite party no. 5 – writ petitioner; and Ms. A. Terang, learned Standing Counsel, Secondary Education Department.

¶2The instant interlocutory application is preferred by the applicant seeking his impleadment as the party-respondent no. 5 in the accompanying writ petition, W.P.[C] no. 4918/2023. The writ petition, W.P.[C] no. 4918/2023 is preferred by the opposite party no. 5 as the writ petitioner seeking inter alia a direction to the respondent authorities to consider his case for promotion. A contention has also been made in the writ petition for his appointment as In-Charge / Headmaster of Bamunbari High School on the premise that he is the senior most graduate teacher in Bamunbari High School.

¶3In the instant application, the applicant has averred that the applicant is presently holding the post of In-Charge / Headmaster of Bamunbari High School pursuant to an Order dated 17.11.2023 passed by the Inspector of Schools, Nalbari District Circle, Nalbari which Order has been passed in consequence of an Order dated 16.11.2023 of the Director of Secondary Education, Assam.

¶4It is submitted by Mr. Saikia, learned counsel appearing for the applicant that in view of the contentions made by the opposite party – writ petitioner in the accompanying writ petition, the impleadment of the applicant as a party-respondent is necessary for proper adjudication of the issues involved in the writ petition.

¶5The prayer for impleadment of the applicant as a party-respondent in the Page No.# 3/3 accompanying writ petition, W.P.[C]. no. 4918/2023 is not opposed by Mr. Munir, learned counsel appearing for the opposite party no. 5 – writ petitioner.

¶6Having regard to the contentions advanced by the learned counsel for the parties and considering the fact that the applicant is serving as the In-Charge / Headmaster of Bamunbari High School pursuant to an Order dated 17.11.2023 [supra], this court is of the considered view that the presence of the applicant as a party-respondent in the accompanying writ petition is essential. Consequently, the interlocutory application is allowed.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010263782024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3938/2024o ABDULoKHALEKo S/OoMD.oKHAIBARoALI,oR/OoVILLAGEoANDoP.O.oMUKALMUA,oPS.o MUKALMUA,oDISTRICToNALBARI,oASSAM,oPINo781126. VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oEDUCATIONo(SECONDARY)oDEPARTMENT,oDISPUR,o GUWAHATI-o781006. 2:THEoDIRECTORoOFoSECONDARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-o781019. 3:THEoDEPUTYoDIRECTORoOFoSECONDARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-o781019. 4:THEoINSPECTORoOFoSCHOOLS oNALBARIoDISTRICToCIRCLE oNALBARI-o781019. 5:SYEDoMABIDURoRAHMAN oSONoOFoLATEoHAFIZoAHMED oRESIDENToOFoBAMUNBARI oPOSToOFFICE-oBAMUNBARI oPOLICEoSTATIONo-oMUKALMUA oDISTRICT-oNALBARI oASSAMo Page No.# 2/3 Advocate for the Petitioner : MR. I H SAIKIA,MR. M AHMED,MR. K KALITA Advocate for the Respondent : SC, EDU, MR A RAHMAN,MR. A. GAYAN BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY