The State of Assam and 2 Ors v. Abu Bakkar Siddique and 14 Ors

PageoNo.#o1/6 GAHC010042452021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oReview.Pet./37/2021o THEoSTATEoOFoASSAMoANDo2oORS.o REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENToOF ASSAMoEDUCATIONo(SECONDARY)oDEPARTMENT,oDISPUR,oGUWAHATI-6. 2:oTHEoDIRECTORoOFoSECONDARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-19. 3:oTHEoJOINToSECRETARY oSECONDARYoEDUCATIONoDEPARTMENT oDISPUR oGUWAHATI-06o VERSUSo ABUoBAKKARoSIDDIQUEoANDo14oORS.o S/O-oSURAJoALI,oVILL.-oSONARIoGAON,oP.O.oNAGAON,oDIST.-oNAGAON,o 2:MD.oAINULoHAQUE oS/O-oABDULoMANNAN oVILL.-oMUBARAKPUR oP.O.oSILCHARoROAD oDIST.-oKARIMGANJ oASSAM. 3:MAFTUHoALAMoTAPADAR oS/O-oABDULoSHAHIDoTAPADAR oVILL.-oMUBARAKPUR oP.O.oSILCHARoROAD oDIST.-oKARIMGANJ oASSAM. PageoNo.#o2/6 4:MD.oSAMSULoHOQUE oS/O-oABDULoJALIL oVILL.oNO.o3oTHEKABARI oP.O.oBALABARI oDIST.-oDARRANG oASSAM 5:MD.oISHAQUEoALI oS/O-oMD.oNARIMUDDIN oVILL.-oMAJERoGAON oP.O.oMAJERoGAON oDIST.-oDHUBRI oASSAM. 6:FAYZULoHAQUE oS/O-oNEYEBoALI oVILL.-oKALMoBASSANI oP.O.oANDoDIST.-oDHUBRI oASSAM. 7:MD.oNAZRULoISLAM oS/O-oMD.oSUKURoALI oVILL.-oJHANARoCHARoPART-IV oP.O.oJORUARoCHAR oDIST.-oDHUBRI oASSAM. 8:MD.oMANSOORoAHMED oS/O-oMD.oKOBADoALI oVILL.-oOZAoGAON oP.O.oNIZoKHARUPETIA oDIST.-oDARRANG oASSAM. 9:MD.oABDUSoSALAM oS/O-oABDULoMANNAN oVILL.-oBARTHAL oP.O.oANGLARoBAZAR oDIST.-oKARIMGANJ oASSAM. 10:ABULoQUASIM oS/O-oMD.oKUBBASoALI oVILL.-oCHIRAoKHOWA oP.O.oKALAPANI oDIST.-oDHUBRI oASSAM. Page No.# 3/6 11:MASIHUR RAHMAN S/O-NAFSAR ALI VILL.- SINDURAI P.O. BELGURI DIST.- DHUBRI 12:JAMSHED ALI S/O-SURAT ALI VILL.- BISH KHAWA PART-II P.O. BISH KHAWA DIST.- DHUBRI ASSAM 13:MD. YASHRA S/O-MD. IMAN ALI VILL.- CHAKIA P.O. CHAKLA DIST.- BONGAIGAON 14:AHMED ALI S/O-MD. RIYAZAT ALI VILL.- SENIMARI P.O. BARILIMARI DIST.- NAGAON 15:ABDUR RASHID S/O-MD. MUZZAFAR ALI R/O-VILL.- SALPARA P.O. NIKHOLA DIST.- DHUBRI ASSAM Advocate for the Petitioner : SC, SEC. EDU. Advocate for the Respondent : MR A R BHUYAN Linked Case : WP(C)/7099/2015 ABU BAKKAR SIDDIQUE and 14 ORS Page No.# 4/6 S/O. SURAJ ALI VILL. SONARI GAON P.O. NAGAON DIST. NAGAON VERSUS THE STATE OF ASSAM AND 2 ORS REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM EDUCATION SECONDARY DEPTT. DISPUR GHY.-06. ------------ Advocate for : MRA R BHUYAN Advocate for : SC SECONDARY EDUCATION appearing for THE STATE OF ASSAM AND 2 ORS

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 03/10/2023 Heard Mr. S M T Chistie, learned counsel for the review petitioners and Mr. N M Mazarbhuiya, learned counsel for the opposite parties/writ petitioners.

¶2The opposite parties as writ petitioners filed the connected WP(C) No. 7099/2015 praying amongst others to modify the Notification No. DME.491/Apptt/2010/Pt.-I/9 dated 17.09.2015 issued by the Directorate of Madrassa Education, Assam specifying the criteria for selection of the eligibility and qualification for various posts like (i) Lecturer in case of Title Madrassas/Arabic Colleges; (ii) M.M. Assistant Teacher for Theological subjects in Senior Madrassas and Arabic Colleges; (iii) F.M. Assistant Teacher (Senior Section) for Theological subjects in Senior Madrassas and Arabic Colleges; (iv) F.M. Assistant Teacher (Pre-senior section) for theological subject in Senior Madrassa and Arabic Colleges;

(v) Assistant Teacher H.S. (Pre-Senior Section) in Senior Madrassas and Arabic Colleges; (vi) Assistant Teachers Hindi (Graduate) for senior Section in Senior Madrassas/Arabic Colleges and (vii) Assistant Teacher Assamese (only for Barak Valley) for senior Section in Senior Madrassas/Arabic Colleges that was circulated by the Director of Madrassa Education to all the Principals/Superintendents of the Page No.# 5/6 concerned Title Madrassas/Arabic Colleges and other Madrassa Educational Institutions.

¶3Though, notice in said WP(C) No. 7099/2015 was issued on 23.11.2015, but the respondents in the Education Department did not file any affidavit in the matter.

¶4As such, the Court by order dated 15.02.2021 granted time to the respondents in the Education Department on their prayer. However, as the respondent authorities failed to file its affidavit within the time so specified in terms of the order dated 19.01.2021, whereby time was granted up to

02.02.2021, the Court by order dated 15.02.2021 imposed cost directing (i) the Commissioner & Secretary, Govt. of Assam in the Secondary Education Department, (ii) the Director of Secondary Education, Assam and (iii) the Joint Secretary of the Secondary Education, Assam, the concerned authorities who looked after the matters of provincialised Madrassas in the State of Assam to pay Rs.25,000/- each from their salaries towards the cost by depositing the same in the Legal Services Authority of this High Court on or before 04.03.2021, obtaining necessary receipts.

¶5In this review petition, the review petitioners by swearing an affidavit admitted the lapse on their part in filing the affidavit within the time, but specified that after the order of the Court dated

19.01.2021, the relevant instructions were furnished to the conducting Standing counsel on

29.01.2021 enabling him to file its affidavit in the matter stating that the said fact could not be placed by the concerned conducting counsel before the Court on 15.02.2021 for which the Court by the said order dated 15.02.2021 imposed the cost as noted above.

¶6It has also been placed before the Court that on the basis of the said instruction issued earlier on 29.01.2021, the review petitioner, i.e., the respondent authorities in the Education Department on

12.03.2021 filed its affidavit in said WP(C) No. 7099/2015 as the Court by order dated 15.02.2021 and

10.03.2021 granted time to the respondent Education Department.

¶7Admittedly, the fact that the Education Department on 29.01.2021 furnished the relevant instructions to the conducting counsel was not placed before the Court on 15.02.2021.

¶8After hearing the learned counsels for the parties and considering the entire aspects of the matter, the order dated 15.02.2021 regarding imposition of cost of Rs.25,000/- each that was to be deducted from the salaries of (i) the Commissioner & Secretary, Govt. of Assam in the Secondary Education Department, (ii) the Director of Secondary Education, Assam and (iii) the Joint Secretary of the Secondary Education, Assam is hereby recalled. Page No.# 6/6

¶9To that extent, the order dated 15.02.2021 passed in WP(C) No. 7099/2015 is hereby reviewed.

¶10This order shall be read together with the order dated 15.02.2021 passed in the connected WP(C) No. 7099/2015.

¶11Accordingly, this review petition stands allowed to the extent above.

JUDGE Comparing Assistant