GAUHATI HIGH COURT ISSUERS ORDER ON DIPALI BOSUMATARI AND ANR V/S THE STATE OF ASSAM AND 5 ORS CASE

GUWAHATI, India, May 27 -- Gauhati High Court issued the following order on April 28:

1. Heard Mr. S. Borthakur, learned counsel for the petitioners. Also heard Ms. Dimpi Musahary, learned standing counsel, Secondary Education Department, appearing on behalf of all the respondents.

2. The present review petition has been instituted by the review petitioners/writ petitioners praying for review of the judgment & order, dated 23.04.2024, passed by this Court in WP(c)4597/2023.

3. The writ petitioners by way of instituting the writ petition being WP(c)4597/2023, had presented a challenge to a notice, dated 26.05.2023, issued by the Director, Secondary Education Department, Assam, appointing the petitioners in pursuance of a process of recruitment as Post Graduate Teachers against "Need Based" schools in the District of South Salamara, Mankachar, with a further prayer that the petitioners are required to be so appointed in pursuance of the said recruitment process as Post Graduate Teachers in the 'Need Based' Schools within the District of Dhubri.

4. This Court, vide judgment & order, dated 23.04.2024, proceeded to dismiss the said writ petition being WP(c)4597/2023, basing on the stand taken by the respondents that the posts available in the District of Dhubri, were filled-up in pursuance of the advertisement, dated 27.12.2022, and the petitioners not having accepted the appointments offered to them against the posts, in question, in schools existing in the District of South Salamara, which was also contended to have been filled up.

5. The review petitioners, thereafter, invoked the provisions of the Right to Information Act and sought for information with regard to the existences of vacancies which were involved in the recruitment process, in question, within the District of Dhubri.

6. The respondents, herein, had furnished the replies to the petitioners under the provisions of the Right to Information Act and therefrom, the petitioners could gather that there was misrepresentation made before this Court by the respondents in the proceedings of WP(c)4597/2023, and there, in fact, existed vacancies within the District of Dhubri, out of the posts put up for recruitment, more particularly, the posts of Post Graduate Teachers in History and Economics and the petitioners could well have been appointed against the said posts. Accordingly, they have instituted the present review petition.

7. This Court, having noticed the stand taken by the review petitioners in the instant review petition, had required the respondents to file their affidavits in the matter. The respondents have, accordingly, filed the affidavits in the matter.

8. The in-charge Inspector of Schools, Dhubri, who had furnished the instructions in WP(c)4597/2023, had filed an affidavit in the review petition on 14.11.2024, and therein, had contended that on account of certain official mis-communication, it was projected before this Court in the proceedings of the said writ petition i.e. WP(c)4597/2023, that the posts of Post Graduate Teachers in the subjects of History and Economics, were filled-up in pursuance of the recruitment process, in question. Thereafter, the Director, Secondary Education Department, Assam, had filed an affidavit in the matter on 14.11.2024, and therein, had contended that against the advertised posts of Post Graduate Teachers in Economics, 5(five) posts in the schools under the District of Dhubri and 5(five) posts in the schools within the District of South Salmara, were lying vacant.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqGELsa7ETGe9K8k1Vj8xMpqjxvLPZBhZ6Hc5yRGb%2FX6w&caseno=Review.Pet./123/2024&cCode=1&cino=GAHC010140162024&state_code=6&appFlag=)

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