Back
2024 Supreme(Online)(GAU) 3153
GAHC010063492019 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1992/2019 MUKUL KRISHNA MISHRA S/O- SRI JIBAN KRISHNA MISHRA R/O- VILL.- BRINDABONHATI, P.O. AND P.S. BARPETA, DIST.- BARPETA, ASSAM, PIN- 781301 VERSUS THE STATE OF ASSAM AND 6 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI-
781006.
2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 781019.
3:THE INSPECTOR OF SCHOOLS BARPETA DISTRICT CIRCLE BARPETA ASSAM PIN- 781019.
4:THE SCHOOL SELECTION COMMITTEE OF CHENGA H.S. SCHOOL REP. BY THE PRESIDENT OF SMDC I.E. BINOD BARMAN P.O.- CHENGA DIST.- BARPETA PIN- 781305 ASSAM
5:SRI DHARMANANDA THAKURIA ASSISTANT TEACHER PATACHARKUCHI VIDYAPITH H.S. SCHOOL P.O.- PATHSALA DIST.- BARPETA ASSAM PIN- 781325 ASSAM
6:SRI TRAILOKYA NATH DAS ASSISTANT TEACHER CHENGA H. S. SCHOOL P.O.- CHENGA DIST.- BARPETA ASSAM PIN- 781305
7:THE CHAIRMAN STATE SELECTION BOARD ASSAM REP. BY THE ADDITIONAL SECRETARY/SECRETARY TO THE GOVT. OF ASSAM EDUCATION (SECONDARY) DEPARTMENT DISPUR GUWAHATI-6 Advocate for the Petitioner : MR. A DEKA Advocate for the Respondent : SC, EDU BEFORE JOINT REGISTRAR (JUDL.) MR. CHINMOY BARUAH
ORDER
Date : 11.03.2024 Case taken up before the Lawazima Court.
None appears on behalf of the petitioner.
Perused the records.
The office note dated 05.03.2024 reveals that notice was issued to the respondent Nos.
4, 5 & 6 by registered post with A/D on 03.04.2019.
In regard to the aforesaid, it appears that the notice in respect of the respondent No. 6 has been received back un-served with the postal remark “Refused, Returned to sender”.
Now, in N. Parameswaran Unni v. G. Kannan, (2017) 5 SCC 737, the Hon’ble Supreme Court held that “when a notice is sent by registered post and is returned with postal endorsement “refused” or “not available in the house” or “house locked” or “shop closed” or “addressee not in station”, due service has to be presumed.”
In view of the proposition laid down in N. Parameswaran Unni (supra), the registered notice dated 03.04.2019 may be presumed to be served on the respondent No. 6.
Further, in respect of the respondent Nos. 4 & 5, it appears that neither the A/D cards nor the un-served notices have been received back. In addition to the aforesaid, the postal track consignments details are also not available in respect of the said respondents. In view of the above, the petitioner is directed to take fresh steps for service of notice upon the respondent Nos. 4 & 5 by registered post with A/D as well as by usual Court process through the office of the learned Civil Judge (Junior Division), Barpeta, within 7 (seven) days.
Let the matter be listed again before the Lawazima Court in the second week of April, 2024.
Joint Registrar (Judicial)
Comparing Assistant
