GAUHATI HIGH COURT ISSUES ORDER ON PRAMOD DEKA V/S THE STATE OF ASSAM AND 3 ORS.

GUWAHATI, India, Aug. 18 -- Gauhati High Court issued the following order on July 17:

1. Heard Mr. Y. N. Mahanta, the learned counsel appearing on behalf of the petitioner. Mr. D. Nath, the learned counsel appears on behalf of the respondent No.1 and Mr. H. K. Das, the learned counsel appears on behalf of the respondent Nos.2, 3 & 4.

2. The petitioner herein is aggrieved by the order dated 31.03.2016 by which the petitioner's request for regularization of his service was rejected. It is relevant to take note of that the petitioner was discharged from service w.e.f. 31.03.2016.

3. During the course of the hearing on 27.01.2025, the counsel appearing on behalf of the petitioner drawing the attention to the affidavit filed by the respondent Nos.2, 3 & 4 submitted that the reason why the petitioner's case was rejected was on the ground that the petitioner had not passed Class VIII which is incorrect taking into account that the petitioner had passed Class VIII and he was reading in Class IX when he took a transfer certificate from a school in the name and style of Dokoha High School. The learned counsel appearing on behalf of the petitioner drew the attention of this Court to the affidavit-in-reply filed by the petitioner on 26.11.2019, and more particularly, to Annexure- RA which is the transfer certificate.

4. Taking into account the same, this Court passed an order on 27.01.2025. Paragraph Nos.2, 3, 4 & 5 of the said order dated 27.1.2025 is reproduced herein under:-

"2) It is seen that an affidavit has been filed by the Registrar of the Gauhati High Court wherein it has been stated that at that relevant point of time, there was no available vacancy. Additionally, it was also mentioned that the Petitioner did not have any formal education. To the said affidavit, a reply has been filed by the Petitioner to the effect that the Petitioner is Class-VIII passed inasmuch as when he was reading in Class IX when he took a Transfer Certificate from a school in the name and style of Dokoha High School.

3) It is seen from the said certificate that the said certificate was issued on 06.10.2015 stating inter alia that the Petitioner left the school on 31.12.1989. It further appears from the said Transfer Certificate that the said school was only established in the year 1987.

4) This Court has put a specific query upon the learned counsel for the Petitioner as to where the Petitioner was studying prior to that inasmuch without a Transfer Certificate from any other school, the Petitioner could not have been admitted in the said school which was only established in the year 1987.

5) Mr. A. Chamuah, the learned counsel for the Petitioner submits that he would take instructions in that regard and seeks 3 (three) weeks time."

5. The record reveals that though this Court had given almost six months time, the petitioner has not been able to produce any document to show that the petitioner was transferred from some school to Dokoha High School in as much as the Dokoha High School was only established in the year 1987 and it is seen that the petitioner was issued the transfer certificate on 06.10.2015.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=eISc8sUCYnQFBVP%2BVeJCOC12c0qbJyB70ldrhndFdHKRPm%2Bg2u3%2BwWlxj%2BGh8hHu&caseno=WP(C)/3427/2017&cCode=1&cino=GAHC010197282017&state_code=6&appFlag=)

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