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Judgment
Heard Mr. A. Deka, learned counsel for the review petitioners.
By this application, the petitioners seek review of the order dated 7.6.2017 passed in WP(C) No. 163/2017.
The review petition was filed on 28.8.2017.
In the writ petition the state respondents did not file any affidavit.
The respondent No. 8 in the writ petition had earlier filed a writ petition, which was registered as WP(C) No. 3515/2007, wherein by an order
dated 2.4.2012, a direction was issued to the Director of Elementary Education, Assam to verify the rival claims of the petitioner and the
respondent No. 8 of WP(C) No. 163/2016 regarding entitlement of financial assistance and to disburse the financial assistance to the school which
was entitled to such financial assistance.
Pursuant to the said order, the Director of Elementary Education, Assam passed an order on 9.5.2013 holding that the petitioner in WP(C) No.
163/2016 was a genuine school and was entitled to get financial assistance.
Despite the aforesaid finding recorded, financial assistance was not granted and on the other hand, the Director of Elementary Education, Assam
once again passed an order dated 27.10.2014 holding that the petitioner in WP(C) No. 163/2016 was entitled to financial assistance.
It is in the backdrop of the aforesaid facts that this Court directed the respondents to disburse due financial assistance to the petitioner school
within a period of eight weeks from the date of receipt of the certified copy of the order by the respondent No. 1, Commissioner and Secretary to
the Government of Assam, Elementary Education failing which it was provided that the amount of financial assistance will carry an interest at the
rate of 6% per annum and that the same may be recovered from the erring officials.
Reliance is placed by Mr. Deka on two interim orders, one dated 21.11.2015 passed in WP(C) No. 4446/2015 (Annexure-B) and the order
dated 16.3.2016 passed in WP(C) No. 575/2015 (Annexure-C) wherein direction was given not to disburse financial assistance/financial
incentives to any Non-Government Educational Institutions of the State without leave of the Court.
The aforesaid orders were passed in the context of the Assam Venture Educational Institutions,(Provincialisation of Services) Act, 2011, for
short, the Act. It is relevant to note that the aforesaid Act was struck down by this Court on 23.9.2016.
It is also to be remembered that this Court had passed final order dated 2.4.2012 in WP(C) No. 3515/2007 to disburse financial assistance to
the school which was found entitled to financial assistance, out of the two schools involved.
Reliance placed on interim orders, that too, passed subsequent to the final order passed on 2.4.2012 directing disbursement of financial
assistance, as noted above, is clearly misconceived.
No case for review is made out.
Accordingly, the review petition is dismissed.