Amiya Kumar Deka & Ors. v. State of Assam) and Writ Appe al No & Ors.

(A.M.Sapre, CJ) Heard Mr. M. K. Choudhury, learned senior counsel assisted by Mr. A. R. Sikdar, learned counsel for the appellants and Mr. D. Saikia, learned Additional Advocat e General, Assam assisted by Mr. A. Deka, learned Standing Counsel, Education De partment for the respondents. This is an intra-court appeal against the order dated 16.09.2013 passed by learn ed Single Judge filed by the writ petitioners of WP(C) No.1491 of 2008 under Rul e 2(3) of Chapter V-A of the Gauhati High Court Rules. By the impugned order the learned Single Judge dismissed the writ petition giving rise to filing of the a ppeal by the writ petitioners. At the outset, learned counsel for the appellants very fairly brought to our not ice another Division Bench order dated 08.10.2013 passed in Writ Appeal No.318 o f 2013 (Amiya Kumar Deka and others vs. State of Assam and others) and Writ Appe al No.320 of 2013 (Rahil Amin and others vs. State of Assam and others) dismissi ng the appeals which involve identical point which is the subject matter of this appeal. He, therefore, submits that this appeal should also meet with the same fate as that of the one in the case in Writ Appeal Nos.318/2013 and 320/2013. We agree with the statement made by learned counsel appearing for the appellants b ecause we find that the fact of the present appeal and that of the one being Wri t Appeal Nos.318/2013 and 320/2013 appears to be identical in nature and therefo re we cannot take any other view other than the one taken in Writ Appeal Nos.318 /2013 and 320/2013. Accordingly and in the light of the foregoing discussions, this appeal fails and is accordingly dismissed in limini in the light of the judgment of the Division Bench arrived at in Writ Appeal No.318 of 2013 (Amiya Kumar Deka and others vs. State of Assam and others) and Writ Appeal No.320 of 2013 (Rahil Amin and other s vs. State of Assam and others), decided on 08.10.2013. A copy of the order dated 08.10.2013 passed in Writ Appeal No.318 of 2013 (Amiya Kumar Deka and others vs. State of Assam and others) and Writ Appeal No.320 of 2013 (Rahil Amin and others vs. State of Assam and others) be kept in the file o f this case and be treated as a part of this order for all purposes. No cost.