Dalapara Me Madrassa v. The State of Assam and 9 Ors

PageoNo.#o1/6 GAHC010006962015 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/72/2015o DOLAPARAoMEoMADRASSAo MOIRABARIoPASCHIMoREP.oBYoITSoHEADoMASTER-CUM-oSECRETARY,oMD. ZIADULoISLAMoS/OoLT.oHAMEDoALIoVILL-oandoP.O.oandoP.S.oMOIRABARIo DIST.oMORIGAON,oASSAM. VERSUSo THEoSTATEoOFoASSAMoando7oORS,o REP.oBYoTHEoCOMMISSIONERoandoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o EDUCATIONoELEMENTARYoDEPARTMENT,oDISPUR,oGUWAHATI-6. 2:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-19. 3:THEoASSAMoSARBAoSIKSHAoABHIJANoMISSION oREP.oBYoTHEoMISSIONoDIRECTOR oASSAM oKAHILIPARA oGUWAHATI-19. 4:THEoDISTRICToSCRUTINYoCOMMITTEE oMORIGAON oREP.oBYoTHEoDEPUTYoCOMMISSIONER oMORIGAON. 5:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oMORIGAON Page No.# 2/6 ASSAM. 6:THE BLOCK ELEMENTARY EDUCATION OFFICER LAHARIGHAT DIST. MORIGAON ASSAM. 7:MD. NASIRUDDIN AHMED S/OLT. NURUDDIN AHMED R/O VILL-HAHCHARAGAON P.O. HAHCHARA GAON P.S. MORIGAON DIST. MORIGAON-782126 ASSAM. PRESENT HEAD MASTER OF DOLAPARA M.E. SCHOOL LOCATED AT HAHCHARA GOAN SUBURI. 8:MD. YAKUB ALI S/OLT. HAJI TAYAB ALI R/O VILL-HAHCHARAGAON P.O. HAHCHARA P.S. MORIBARI DIST. MORIGAON-782126 Advocate for the Petitioner : MS.A NEOG Advocate for the Respondent : FOR CAVEATOR Linked Case : WP(C)/1529/2015 DALAPARA ME MADRASSA REPRESENTED BY ITS HEAD MASTER CUM SECRETARY MD. MOJIBUR RAHMAN VILL. HAHCHARA P.O. HAHCHARA DIST. MORIGAON PIN 782126 VERSUS THE STATE OF ASSAM AND 9 ORS REPRESENTED BY THE COMMISSIONER and SECY. TO THE GOVT. OF EDUCATION ELEMENTARY DEPTT. PageoNo.#o3/6 oDISPUR oGUWAHATI-6 2:THEoCOMMISSIONERoANDoSECY.oTOoTHEoGOVT.oOFoASSAM FINANCEoDEPTT. oASSAM oDISPUR oGUWAHATI-6 o3:THEoUNDERoSECY.oTOoTHEoGOVT.oOFoASSAM EDUCATIONoELEMENTARYoDEPTT. oASSAM oDISPUR oGUWAHATI-6 o4:THEoDIRECTORoOFoELEMENTARYoEDUCATION oKAHILIPARA oGUWAHATI-9 o5:THEoDIST.oELEMENTARYoEDUCATIONoOFFICER MORIGAON oDIST.oMORIGAON oASSAM. o6:THEoBLOCKoELEMENTARYoEDUCATIONoOFFICERoBEEO LAHARIGHAToELEMENTARYoEDUCATIONoBLOCK oLAHARIGHAT oMORIGAON oASSAM. o7:THEoDEPUTYoCOMMISSIONER MORIGAON oDIST.oMORIGAON oASSAM. o8:MD.oZIADULoISLAM HEADoMASTERoCUMoSECY. oDUPLICATEoDOLAPARAoMEoMADRASSA oMOIRABARIoPACHIM oVILL.oMOIRABARI oP.O.oMOIRABARI oDIST.MORIGAON oASSAMo oPINo782126 o9:MD.oSAFIQULoISLAM THEoTHENoPRESIDENToDOLAPARAoMEoMADRASSAoMANAGINGo Page No.# 4/6 COMMITTEE VILL. MOIRABARI P.O. MOIRABARI DIST. MORIGAON ASSAM. 10:MD. NASIRUDDIN AHMED S/O LATE NURUDDIN AHMED R/O VILL. HAHCHARA P.O. HAHCHARA DIST. MORIGAON PIN 782126 PRESENT HEAD MASTER OF DUPLICATE DOLAPARA ME MADRASSA LOCATED AT HAHCHARA GAON SUBURI ------------ Advocate for : MR. E AHMED Advocate for : MS.S K NARGISR-8and9 appearing for THE STATE OF ASSAM AND 9 ORS

BEFORE HON'BLE MR. JUSTICE UNNI KRISHNAN NAIR

05.12.2023 Heard Ms. S.K. Nargis, learned counsel for the petitioner in WP(C) 72/2015 and Mr. E. Ahmed, learned counsel for the petitioner in WP(C) 1529/2015. Also heard Mr. R. Mazumdar, learned Standing Counsel, Education Department, for the respondents.

¶2These two writ petitions have been filed assailing the order dated

20.11.2014 passed by the Director of Elementary Education, Assam, in compliance of the order of this Court dated 20.11.2013 passed in WP(C) No.2586/2012, whereby the Director had decided that among the three schools in the same name of Dolapara M.E. Madrassa, the Dolapara M.E. Madrassa headed by Nasiruddin Ahmed, which is located at Hahchara Gaon, is the genuine school. Page No.# 5/6

¶3WP(C) 72/2015 has been filed by Dolapara M.E. Madrassa represented by its Head Master-cum-Secretary, Md. Ziadul Islam whereas WP(C) 1529/2015 has been filed by its Head Master-cum-Secretary, Md. Mojibur Rahman. In the earlier round of litigation, i.e. WP(C) 2586/2012, which led to the impugned order dated 20.11.2014 being passed by the Director of Elementary Education, this Court observed that three schools were involved with the same name with the claim of each one being the real one and such disputed questions of fact could not be gone into in the writ proceedings. Even after passing of the order dated 20.11.2014, the issue has not been resolved till date and each party has been agitating their respective claim.

¶4On a perusal of the claim made by the present petitioners, it is apparent that the same would require examination of facts which are disputed by each of the parties and would require evidence to be adduced to come to a definite conclusion with regard to the claim of each of the parties. As such, I am of the view that the Writ Court is not the competent forum for deciding such admittedly disputed facts and the petitioners are to approach the competent court of civil jurisdiction for establishing their rights and claims.

¶5Accordingly, the present writ petitions are disposed of requiring the parties to agitate their grievances before the Civil Court of competent jurisdiction. The petitioners in both the cases are granted 45 (forty five) days' time to institute appropriate proceedings before the Civil Court of competent jurisdiction and in the event such proceedings are instituted, learned Civil Court for the purpose of condonation of delay, if any, consider the pendency of the present proceedings before this Court as a ground. This Court passed an interim order on 19.01.2015 in WP(C) 72/2015, staying the impugned order dated 20.11.2014. The said interim order shall continue for a period of 45 (forty five) days and thereafter, Page No.# 6/6 on institution of the proceedings, the parties would be at liberty to pray for such ad-interim order, which would be considered by the trial court on its merits. With the above observations and directions, these two writ petitions stand disposed of.

JUDGE Comparing Assistant