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Judgment
Heard Mr. SU Ahmed, learned counsel for the petitioner. Also heard Mr. B Kaushik, learned counsel for the authorities under the Elementary
Education Department, Government of Assam.
The petitioner is the in-charge Block Elementary Education Officer (for short, BEEO) in the Nazira Education Block in the Sivasagar district. By
the order dated 08.03.2021 of the Commissioner and Secretary to the Government of Assam, the petitioner had incorrectly been referred to as the
BEEO, although he is infact the in-charge BEEO who was allowed to hold the in-charge of Deputy Inspector of Schools, Nazira.
By the order impugned dated 09.07.2021 of the Special Commissioner Elementary Education Department, the respondent No.3 Debajyoti Gogoi has
been transferred and posted as the BEEO at Nazira Education Block. This writ petition has been instituted on the grievance that the petitioner has
been illegally deprived the post of BEEO.
We required the writ petitioner to establish his legal right to continue as the BEEO in a circumstance where he is only the in-charge BEEO. It is
stated that another writ petition being WP(C)No.3265/2021 is also pending and it has been instituted by the present writ petitioner claiming that he has
a legal right to be appointed as the regular BEEO.
As no legal right of the petitioner could be established to continue as the in-charge BEEO in a situation where a regular BEEO has been transferred
and posted, the petitioner seeks not to further pursue with this writ petition.
The petitioner may pursue his remedies for establishing his right to be posted as a regular BEEO in the other writ petition being
WP(C)No.3265/2021 and a prayer may be made for expeditious hearing.
In view of the above, the writ petition stands closed.