Madani Nagar Arabic College and 2 Ors v. The State of Assam and 5 Ors

ORDER Date : 09.01.2024

Heard Mr. B. Sinha, learned counsel, appearing on behalf of the petitioners.

Also heard Mr. U. Sarma, learned standing counsel, Secondary Education Department, appearing on behalf of respondents No. 1, 2 & 4; Ms. D. D. Barman, learned Addl. Senior Government Advocate, appearing on behalf of respondent No. 3; and Mr. T. U. Laskar, learned counsel, appearing on behalf of respondents No. 5 & 6.

The petitioners claiming to the be actual Madani Nagar Arabic College, represented by Md. Abdul Hamid and Md. Illias Ahmed, by way of instituting the present writ petition, have raised a grievance in the present proceeding with regard to the actions on the part of the State authorities in giving the benefits Page No.# 3/3 due to the petitioners' College to the respondent No. 5's Madani Nagar Senior Madrassa having the same name by resorting to fraud by applying the documents of the petitioners' College in respect of the respondent No. 5's institution. The issues as arising in the present writ petition cannot be resolved by way of filing of the affidavits by the parties and there is a necessity of examination of witnesses as well as verifying the documents. In that view of the matter; the writ petition, in such matters, would not be the remedy to redress the grievances of the petitioners and respondent No. 5.

Accordingly, this writ petition is hereby disposed of by requiring the petitioner to institute appropriate proceedings before a competent civil Court/Educational Tribunal, to have the disputed facts involved in the present proceeding, decided. The benefits purportedly given to the respondent No. 5 i.e. Madani Nagar Senior Madrassa shall be subject to the decision that may be arrived at in such proceeding which may be instituted by the petitioner before a Court of civil jurisdiction or Educational Tribunal having jurisdiction.

With the above observations, the writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010148292017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7044/2017o MADANIoNAGARoARABICoCOLLEGEoando2oORS.o REP.oBYoITSoPRINCIPALoANDoSECRETARY,oVILL-oNAYAPATAN,oP.O-o BHANGABAZAR,oP.S-oBADARPUR,oPIN-o789701,oDIST-oKARIMGANJ,oASSAM 2:oABDULoHAMID oVILL-oHARINADIK oP.O-oALANGABAZAR oP.S-oBADARPUR oPIN-o788801 oDIST-oKARIMGANJ oASSAM 3:oMD.oILIASoAHMED oS/O-oLATEoHAJIoMAJANoMIA oVILL-oNAYAPATAN oP.O-oBHANGABAZAR oP.S-oBADARPUR oPIN-o789701 oDIST-oKARIMGANJ oASSAM VERSUSo THEoSTATEoOFoASSAMoando5oORS.o REP.oBYoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVToOFoASSAM,o SECONDARYoEDUCATIONoDEPARTMENT,oDISPUR,oGHY-o06 2:THEoDIRECTORoSECONDARYoEDUCATIONoASSAM oKAHILIPARAoGHY-o19 3:THEoCHAIRMAN oDISTRICToSCRUTINYoCOMMITTEEoANDoDEPUTYoCOMMISSIONER oKARIMGANJoDISToP.O-oKARIMGANJ 4:THEoMEMBERoSECRETARY Page No.# 2/3 DISTRICT SCRUTINY COMMITTEE AND INSPECTOR OF SCHOOLS KARIMGANJ DIST CIRCLE P.O- KARIMGANJ 788701 5:MADANI NAGAR SENIOR MADRASSA REP. BY ITS SUPERINTENDENT AND SECRETARY VILL- PAHARTOL P.O- BAZARGHAT P.S- RATABARI DIST- KARIMGANJ PIN- 788736 ASSAM 6:FAKHAR UDDIN S/O- LATE FAIZUL HAQUE VILL- PASCHIM BALIA P.O- GULCHARA P.S- NILAMBAZAR DIST- KARIMGAN PIN- 788736 ASSAM Advocate for the Petitioner : MS.N THAPA Advocate for the Respondent : SC, SECONDARY EDUCATION BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR