Managing Committee of Mother Teresa L.P. School and Anr v. The State of Assam and 4 Ors

ORDER

07.08.2024

¶1Heard Mr. R. Sarmah, learned counsel for the petitioner. Also heard Ms. S. Konwar, learned Standing Counsel, Elementary Education Department.

¶2This application under Section 115 of the Code of Civil Procedure, read with Section 151 of the said Code has been filed by the petitioner, namely, Managing Committee of Mother Teresa L.P. School, impugning the order dated

04.03.2024, passed by the learned District Judge-cum-Presiding Officer of Educational Tribunal, Sonitpur at Tezpur in Misc.(Education) Case No. 01/2018.

¶3The learned counsel for the petitioner has submitted that the petitioner was directed by this Court in 5350/2015 to seek redressal of this grievance by filing a case before the Educational Tribunal having jurisdiction to entertain the claim of the petitioner. Accordingly, the petitioner approached the Educational Tribunal, Sonitpur at Tezpur and filed the case which was registered Page No.# 3/5 as Misc.(Education) Case No. 01/2018.

¶4The learned counsel for the petitioner has submitted that during the pendency of the proceeding of the aforesaid case before the Educational Tribunal, Sonitpur, the petitioner intended to bring on record, photocopies of certain documents as originals were not available with it.

¶5The petitioner was directed by the Educational Tribunal to file an application in proper format under proper provisions of law. By order dated

19.07.2023, thereafter the said case was fixed on several dates. The petitioner could not file the application as directed by the learned Educational Tribunal.

¶6The learned counsel for the petitioner has submitted that the petitioners had prepared the application under Section 65(c) of the Indian Evidence Act and on 04.03.2024 sought time to file the same. However, before he filed the said application, the learned Tribunal dismissed the Misc. (Education) Case No. 01/2018 for not taking proper steps by the petitioner.

¶7The learned counsel for the petitioner has submitted that as the petitioner was ready to file the application which was directed to be filed by the Tribunal on the date on which the case was dismissed, he would be highly prejudiced if the said case is not restored.

¶8The learned counsel for the petitioner has also submitted that after dismissal of the Misc.(Education) Case No. 01/2018, the petitioner sought to file a restoration application before the Tribunal, but the Office of the Tribunal asked them not to do so.

¶9The learned counsel for the petitioner has also submitted that if the Misc.(Education) Case No. 01/2018 is not restored, the petitioner school would be highly prejudiced.

¶10On the other hand, the learned Standing Counsel, Elementary Page No.# 4/5 Education Department has submitted that the conduct of the petitioners is not inspiring as apparent from the impugned order itself, as it took more than eight months for filing the appropriate application as directed by this Court and hence, she has opposed the prayer of the petitioner.

¶11The learned Standing Counsel, Elementary Education Department has also submits that the spirit of Code of Civil Procedure is applicable in proceedings before the Educational Tribunal.

¶12I have considered the submissions made by the learned counsel for both the parties and have perused the materials available on record.

¶13It appears that the petitioners approached the Educational Tribunal at Sonitpur, in pursuant to the directions of this Court, passed in W.P. (C) No. 5350/2015 and the date on which the Education Case was dismissed, the petitioner was present in the Court with the application under Section 65(c) of the Indian Evidence Act, however, before he could file the same, the Misc. (Education) Case No. 01/2018 was dismissed.

¶14Considering the above facts, this Court is of the considered opinion that for just and fair adjudication of the claim of the petitioner, the Misc. (Education) Case No. 01/2018 is required to be restored. However, from the impugned order itself, it appears that the conduct of the petitioners is also very negligent and not inspiring, therefore, a cost of Rs. 5,000/- is imposed on the petitioner. The petitioner shall deposit the cost to the District Legal Services Authority, Sonitpur, within a period of 3(three) weeks, from the date of this order. The said cost shall be deposited by the petitioner's school before the Secretary, District Legal Services Authority, Sonitpur. The cost from the amount of the said authority and after deposit of the said cost, he shall be furnished with a receipt and subject to payment of such cost, the Misc.(Education) Case No. 01/2018 is directed to be Page No.# 5/5 restored by the Educational Tribunal at Sonitpur. The petitioner shall approach before the said Educational Tribunal, along with a certified copy of this order and the receipt of the deposit of cost as directed by this Court on or before 13th September, 2024.

¶15On such appearance, the Tribunal is directed to restore the Misc. (Education) Case No. 01/2018 and proceed with the case to its logical conclusion.

¶16With the above observations, this writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010113082024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP/67/2024o MANAGINGoCOMMITTEEoOFoMOTHERoTERESAoL.P.oSCHOOLoANDoANRo REPRESENTEDoBYoITSoPRESIDENToANDoHEADMASTERo SRIoSUNILoBHENGRA,o MOTHERoTERESAoL.P.oSCHOOL,o KHALIHAMARI-o(KHA),o DIST.-oSONITPUR,oAGEo42oYRS. VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARY,oDEPARTMENTo OFoEDUCATIONo(ELEMENTARY),oASSAM,o DISPUR. 2:THEoDIRECTORoOFoELEMENTARYoEDUCATION oKAHILIPARA oGUWAHATI-19. 3:THEoELEMENTARYoEDUCATIONoOFFICER oSONITPUR oTEZPUR. 4:SUSHANTIoTOPNO oD/O-oSRIoNUHAoTOPNO o R/OoVILL.-oRAJGARH o P.O.-oMANSIRI-o784105 o DIST.-oSONITPUR oASSAM. Page No.# 2/5 5:SANGITA SARMA D/O- GIRISH SARMA R/O- BORGHAT DEBENDRA NAGAR P.O.- KHALIAHAMARI- 784026 DIST.- SONITPUR ASSAM Advocate for the Petitioner : DR. R SARMAH, MS. D SHARMA,MS. N BARMAN,MS P SAHA Advocate for the Respondent : SC, ELEM. EDU, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA