Shahibur Rahman v. The State of Assam and 6 Ors

ORDER Date : 12.09.2023

Mr. S. Talukdar, learned counsel appearing on behalf of the petitioner states that all the three learned counsel who appear for the petitioner are having inconvenience today and therefore, an adjournment is sought for. It is taken note of that when the matter was called on 30.08.2023, a similar prayer was made and the writ petition stood adjourned to be listed today i.e. 12.09.2023 by providing that no further adjournments shall be granted.

¶2Mr. B.D. Das, learned senior counsel who appears for the writ petitioner in WP(C) No. 666/2019 which is listed analogously has brought it to the notice of Page No.# 3/4 the Court that in WP(C) No. 4492/2015, the resolution No. 1 of the Managing Committee of Amaitilla L.P. School dated 27.04.2013 has been assailed. By the resolution dated 27.04.2013, the services of the writ petitioner Shahibur Rahman was terminated. The further relief sought for in the writ petition is that the respondents No. 1 and 2 be restrained from provincializing the services of the respondent No. 8 therein namely, Altaf Hussain.

¶3Mr. B.D. Das, learned senior counsel who appears for the writ petitioner in WP(C) No. 666/2019 has also brought it to the notice of the Court that during the pendency of WP(C) No. 4492/2015, an order dated 15.11.2018 had been passed by the Commissioner and Secretary to the Government of Assam in the Elementary Education Department wherein it had been held that the resolution dated 27.04.2013 by which the writ petitioner Shahibur Rahman was terminated is in violation of the provision of Section 6 of the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011. It had further been held by the said order that the services of the writ petitioner Shahibur Rahman was provincialised as per the order No. EPD.44/2013/80 dated 21.01.2014 and further that by the order No. EPD/H/46/2014/257 dated 11.05.2015, the order of provincialisation in favour of the writ petitioner Shahibur Rahman was quashed. Accordingly, by the order dated 15.11.2018 of the Commissioner and Secretary to the Government of Assam in the Elementary Education Department the order of quashing of provincialisation of the writ petitioner Shahibur Rahman had been revoked, meaning thereby that the provincialisation of writ petitioner Shahibur Rahman remains.

¶4It is the order of 15.11.2018 of the Commissioner and Secretary to the Government of Assam in the Elementary Education Department which has been assailed by Altaf Hussain who is the respondent No. 8 in WP(C) No. 4492/2015 Page No.# 4/4 in the other writ petition WP(C) No. 666/2019.

¶5In view of the order dated 15.11.2018, we are of the view that WP(C) No. 4492/2015 does not require any further adjudication as the relief sought for had already been granted to the writ petitioner therein as per the order dated

15.11.2018. However, the validity of the order dated 15.11.2018 would have to be adjudicated in WP(C) No. 666/2019.

¶6Accordingly, this writ petition WP(C) No. 4492/2015 stands closed. All such arguments that the writ petitioner Shahibur Rahman intends or intended to advance would also be available to the said writ petitioner to be advanced as respondent No. 8 in WP(C) No. 666/2019.

¶7WP(C) No. 4492/2015 stands closed in the above terms.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010119092015 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4492/2015o SHAHIBURoRAHMANo S/OoISMAILoALI,oASSTT.oTEACHER,oAMAITILLAoLPoSCHOOL,oVILL.o AMAITILLA,oP.O.oANGALRBAZAR,oDIST-oKARIMGANJ,oASSAM VERSUSo THEoSTATEoOFoASSAMoando6oORSo REP.oBYoTHEoCOMMISSIONERoandoSECY.oTOoTHEoGOVT.oOFoASSAM,o EDUCATIONoELEoDEPTT.,oDISPUR,oGHY-6 2:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGHY-6 3:THEoDISTRICToSCRUTINYoCOMMITTEE oREP.oBYoTHEoCHAIRMANoCUMoDY.oCOMMISSIONER oKARIMGANJ 4:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICERoCUMoMEMBERo SECY. oDISTRICToSCRUTINYoCOMMITTEE oKARIMGANJ oP.O.oandoDIST-oKARIMGANJ oASSAM 5:THEoBLOCKoELEMENTARYoEDUCATIONoOFFICER oBADARPURoEDUCATIONoBLOCK oP.O.oandoDIST-oKARIMGANJ oASSAM 6:THEoSCHOOLoMANAGINGoCOMMITTEE Page No.# 2/4 OF THE AMAITILLA LP SCHOOL REP. BY ITS PRESIDENT VILL. AMAITILLA P.O. ANGLARBAZAR DIST- KARIMGANJ ASSAM 7:MUZIBUR RAHMAN HEAD TEACHER CUM SECY. AMAITILLA LP SCHOOL VILL. AMAITILLA P.O. ANGLARBAZAR DIST- KARIMGANJ ASSAM 8:ALTAF HUSSAIN S/O LT. USTER ALI VILL. AMAITILLA P.O. ANGLARBAZAR DIST- KARIMGANJ ASSA Advocate for the Petitioner : MR.H R A CHOUDHURY Advocate for the Respondent : MR.K H CHOUDHURYR-8 BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA