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2002 Supreme(Gau) 129

D.BISWAS
Niren Sainary and Ors. – Appellant
Versus
State of Assam and Ors. – Respondent


Advocates Appeared:
P.K.Talukdar, V.Sema, U.K.Goswami, U.Das, S.K.Medhi, S.K.Das, R.Chakraborty, G.Uzir, P.P.Barua, N.Upadhaya, M.U.Mahmud, M.Sarania, M.K.Misra, M.Ahmed, P.Sharma, D.K.Sharma, K.J.Saikia , A.K.Choudhary, D.Choudhary, B.Talukdar , B.P.Kataki, B.K.Sharma, B.Goyal, B.Chetri, A.K.Phookan, A.Kalita

D. BISWAS, J-

In Writ Petition (C) No. 6262 of 2001, the petitioner No. 1 is the ex-Chairman and the petitioner No. 2 is the Chairman in position of the Sub-Divisional Elementary Education Advisory Board for Bodo Autonomous Council area in Nalbari District constituted under the provisions of the Bodoland Autonomous Council Act, 1993, hereinafter referred to as the Act of 1993. They have approached this Court challenging the orders dated 17.7.2001 issued by the Deputy Inspector of Schools, Nalbari (Annexure-J) and 21.7.2001 issued by the District Elementary Education Officer, Nalbari (Annexure-K). The impugned orders, for better appreciation thereof, are reproduced below:-

“Order

No. Dated Nalbari, the 17th July/2001 In pursuance of Govt. instruction communicated vide No. A(I)E.508/2001/85, Dtd. 4.7.2001 and DEE's instruction communicated vide Memo No. EGA. 12/2001/ 159, dtd. 16.7.2001, all appointments of Asstt. Teacher in L.P. and junior basic schools made by Shri Girin Haloi, I/C Dy. Inspector of Schools, Nalbari in the month of March/2001 are hereby cancelled with immediate effect. The B.E.E.O's and Head Teachers of the L.P. School of the district are hereby requested to release a


































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