Shonab Uddin Mollah v. The State of Assam and 7 Ors

ORDER Date : 22.08.2023

Heard Mr. S.K.Talukdar, learned counsel for the review petitioner. Also heard Mr. A.Phukan, learned standing counsel, Elementary Education Department for the opposite party Nos. 1, 2 and 3; Mr. G.Pegu, learned Govt. Advocate for the respondent No.4 and Mr. R.Islam, learned counsel for the respondent Nos. 7 and 8.

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¶2By this review petition, the petitioner is seeking review of the order dated

28.05.2014, passed by this Court in WP(C)/4773/2012, wherein, a direction was issued to the Director of Elementary Education, Assam to cause scrutiny of the matter through the prescribed agencies to determine as to who is senior, the petitioner or the respondent No.7/ Sheikh Md. Zakir Hussain entitling to provincialisation of service.

¶3It is the case of the review petitioner that he had earlier filed a writ petition which was registered as WP(C)/633/2012, whereby, financial assistance was sought on the ground that the petitioner is senior to the respondent Nos. 6 and 7 therein in the School called Bahadurtari M.E. School, Dhubri. This Court by order dated 10.02.2012, disposed of WP(C)/633/2012, by holding that as the matter involves disputed questions of facts, the said writ petition was disposed of directing the Director of Elementary Education, Assam to cause an enquiry and then to decide the issue relating to seniority of the writ petitioner vis-a-vis the respondent Nos. 6 and 7/opposite party Nos. 7 and 8 herein for the purpose of financial assistance. Thereafter, the Director of Elementary Education, Assam, after hearing all the parties concerned, passed an order on 21st of June, 2012 holding that the petitioner is senior to the Sheikh Md. Zakir Hussain / opposite party No.7 herein. However, this Court while passing the order dated 28.05.2014 passed in WP(C)/4773/2012, the said order of the Director dated 21st of June, 2012 was not placed before this Court and therefore, this Court have committed an error apparent on the face of records by further directing the respondents, particularly, the Director of Elementary Education, Assam to cause scrutiny of the matter through the prescribed agencies to determine who is senior between the petitioner and the respondent No.7 herein. Page No.# 4/4

¶4On consideration of the materials available on record, particularly, the order dated 21st of June, 2012, issued by the Director of Elementary Education, Assam, whereby, the petitioner was held to be senior to the present opposite party No.7, this Court is of the considered opinion that an error apparent on the face of records has occurred while passing the order dated 28.05.2014, passed in WP(C)/4773/2012.

¶5In that view of the matter, the order dated 28.05.2014 passed in WP(C)/4773/2012 is hereby recalled. Review petition is accordingly allowed. The WP(C)/4773/2012 is accordingly restored back to file. List WP(C)/4773/2012 after 3(three) weeks. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010022842017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oReview.Pet./65/2017o SHONABoUDDINoMOLLAHo S/OoLATEoTAHAJoUDDINoMUNSHI,oVILL.oBAHADURTARI,oWARDoNO.o11,o DHUBRI,oDIST.oDHUBRI,oPINo783301 VERSUSo THEoSTATEoOFoASSAMoando7oORSo REPRESENTEDoBYoTHEoSECY.oTOoTHEoGOVT.oOFoASSAM,oEDUCATIONo ELEMENTARYoDEPTT.,oDISPUR,oGUWAHATIo781006 2:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGHY-19 3:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oDHUBRI oDIST-oDHUBRI oASSAM oPIN-783301 4:THEoDY.oCOMMISSIONER oDHUBRI oASSAM oPIN-783301 5:THEoMANAGINGoCOMMITTEE oBAHADURTARIoM.E.oSCHOOL oREPRESENTEDoBYoITSoPRESIDENT oP.O.oDHUBRI oDIST-oDHUBRI oASSAM Page No.# 2/4 PIN-783301 6:THE HEAD MASTER CUM MEMBER SECRETARY BAHADURTARI M.E. SCHOOL WARD NO.11 DIST- DHUBRI ASSAM PIN-783301 7:SHEIKH MD. ZAKIR HUSSAIN S/O SHEIKH A. BARI R/O BAHADURTARI WARD NO.11 DIST- DHUBRI ASSAM PIN-783301 8:SHEIKH ANOWAR HUSSAIN S/O SHEIKH AYAN UDDIN R/O KATLAMARI P.O. PADMERALGA PART-IV DIST- DHUBRI ASSAM PIN-783 Advocate for the Petitioner : MR. A SAYED Advocate for the Respondent : MR. R ISLAM R- 7and8 BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR