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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KARDAK ETE
Arjun Das And Ors. S/o Tarun Kumar Das – Appellant
Versus
State Of Assam – Respondent
JUDGMENT & ORDER :
KARDAK ETE, J.
Heard Mr. K.N. Choudhury, learned Senior Counsel assisted by Ms. K. Devi, learned counsel and Mr. A. Deka, learned counsels for the petitioners. Also heard Ms. D. Musahary, learned standing counsel for the Secondary Education Department, for respondent Nos.1, 2 & 3 and Mr. T.C. Chutia, learned standing counsel and Mr. D.K. Roy, learned counsel, Assam School Education Board (the erstwhile Assam Higher Secondary Education Counsel), for respondent Nos.4 & 5.
2. Having considered the issue involved being similar on facts and law, this batch of writ petitions are heard analogously and disposed of by this common judgement and order.
3. By filing these Writ Petitions, the petitioners have made the following prayers:
(1) setting aside and quash the decision vide letter dated 14.09.2022, issued by the Secretary to the Govt. of Assam, Secondary Education Department;
(2) setting aside and quash the communication letter dated 03.06.2024, issued by the Director of Secondary Education, Assam;
(3) commanding the respondent authorities to re-open the "Darpan Portal" for submission of applications for Admission into H.S. 1st Year Class for the academic session 2024-2025 o
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The absence of names in DISE Data does not justify exclusion from provincialisation under the Assam Education Act; teachers in Venture Junior Colleges are not required to be listed in DISE Code.
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The appellate authority must provide a reasoned decision based on all relevant materials, not solely on the petitioner's failure to appear at hearings.
Retrospective application of cut-off dates in legislation violating vested rights is unconstitutional under Article 14; tutors as government servants are entitled to equal treatment with regular pay ....
The Act of 2017 does not mandate teachers working in 'Venture High School' or 'Venture Higher Secondary School' to have their names captured in the DISE data, and the conclusions reached by the SLSC ....
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