KRISHNA KANTA DEBNATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. N. Choudhury, learned senior counsel, assisted by Mr. B. Purkayastha, learned counsel, as well as Mr. S. K. Das, learned counsel, appearing on behalf of their respective petitioners in these writ petitions. Also heard Mr. N. Das, learned Government Advocate, Assam; Mr. Rajesh Mazumdar, learned standing counsel, Secondary Education Department; and Mr. I. Alom, learned standing counsel, National Council for Teacher Education (NCTE), appearing on behalf of their respective respondents in all these writ petitions.

(2.) In WP(c)7959/2017, WP(c)840/2018, WP(c) 5480/ 2019, WP(c)5992/2019, and WP(c)571/2022; a challenge was made with regard to the provisions of Rule 14(1) of the Assam Secondary Education (Provincialized) Service Rules, 2003. While in WP(c)8682/2019 and WP(c)4250/2020; the provisions of sub-rules 2(i) and 2(p) of Rule 2 and Rule 13 of the Assam Secondary Education (Provincialized Schools) Service Rules, 2018, is under challenge.

(3.) At the outset, it is to be noted that the provisions of Assam Secondary Education (Provincialized) Service Rules, 2003, was repealed by the provisions of Rule 35 of the Assam Secondary Education (Provincialized Schools) Service Rules, 2018, and as on date; it is the provisions of the said Rules of 2018, which is holding the field. Accordingly, the Rules of 2003, being already repealed, no further consideration would be called for in WP(c)7959/2017, WP(c)840/2018, WP(c) 5480/2019, WP(c)5992/2019, and WP(c) 571/2022, and consequently, all the above-noted writ petitions, would stand closed.