Md. Akthar Hussian v. The State of Assam and 5 Ors

ORDER

28.04.2023 Heard Mr. U P Chaliha, learned counsel for the petitioner and Mr. P K Bora, learned Standing counsel, Department of School Education, Assam for the respondent Nos. 1, 2, 4 & 5. Also heard Mr. P Saikia, learned Government Advocate, Assam for the respondent No. 3.

¶2Petitioner donated land measuring 1 Bigha covered by Dag No. 528 and Patta No. 26 of village-Akaraguri Kisamat under Dhing Mouza of district-Nagaon, of which he was the Pattadar in favour of Dakhin Moiradhaz Lower Primary School in the Batadrawa Education Block of District-Nagaon for establishment of said Venture School.

¶3The said school along with the students operated for long from the said land.

¶4Services of Two of the Teachers of said Dakhin Moiradhaz L.P. School, namely, Rabia Khatun and Rukia Khatun have been provincialised under the provisions of the Assam Education (Provincialisation of Services of Teachers and Re-Organization of Educational Institutions) Act, 2017 as Tutors and have now been posted in other schools.

¶5Further, the said Dakhin Moiradhaz Lower Primary School that was established on the land of the petitioner donated by him has been amalgamated with one Lalung Page No.# 3/4 Chuburi New L.P. School and all the students of Dakhin Moiradhaz L.P. School have been shifted to the Lalung Chuburi New L.P. School.

¶6Presently, there are no students in said Dakhin Moiradhaz L.P. School after its amalgamation with said Lalung Chuburi New L.P. School and the entire school buildings along with the land of said Dakhin Moiradhaz Lower Primary School remained vacant, idle and fallow/un-utilized since the premises of the said school is no longer in use for the purpose of the concerned school.

¶7The petitioner submitted that the land donated by him has also been mutated in the name of the said school, namely, Dakhin Moiradhaz L.P. School.

¶8As such, the petitioner has filed this writ petition, praying amongst others, for a direction to the respondent authorities claiming for handing over his said land back to him, since the land donated by him is no longer in use for the purpose for which it was donated.

¶9From the statements made by the petitioner, it is seen that the services of the two Tutors of said Dakhin Moiradhaz L.P. School have been provincialised under the provisions of the Assam Education (Provincialisation of Services of Teachers and Re-Organization of Educational Institutions) Act, 2017.

¶10Section 5 of the said 2017 Act relates to "Land, building etc. to vest with the Government", which stipulates as follows: "(1) With effect from the date of provincialisation of the services of the teachers and/or tutors of the Venture Educational Institutions under this Act, the land, building and other assets of the concerned educational institution shall vest with the Government.

(2) In case of merger/or amalgamation of one educational institution with other educational institution, the land, building and other asset vacated by any such merged educational institution shall be used by the Government for other suitable purpose whatsoever."

¶11Since the Dakhin Moiradhaz L.P. School, which was a Venture Educational Institution, has been provincialised under the provisions of the said 2017 Act and services of its Teachers namely, Rabia Khatun and Rukia Khatun have also been Page No.# 4/4 provincialised under the said 2017 Act, noted above, said land of the petitioner measuring 1 Bigha covered by Dag No. 528 of Patta No. 26 at village-Akaraguri Kisamat under Dhing Mouza of district-Nagaon as provided under Section 5 of the said 2017 Act has now been vested with the Government.

¶12Further, since said Dakhin Moiradhaz L.P. School has been merged with Lalung Chuburi New L.P. School as provided under Section 5 (2) of the said 2017 Act, the land donated by the petitioner in the name of Dakhin Moiradhaz L.P. School now can be used by the Government for other suitable purpose.

¶13Donation cannot be conditional, as it is settled that donation is always un-conditional.

¶14After hearing the learned counsels for the parties and considering the entire aspect of the matter, the Court found that this writ petition is devoid of any merit and accordingly dismissed.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010262072022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/180/2023o MD.oAKTHARoHUSSIANo S/O-oMIYAoBOX,o R/O-oVILLAGEo-AKARABARI,o MOUZA-oDHING,o DIST-oNAGAON,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oEDUCATIONoDEPARTMENTo(ELEMENTARY),oDISPUR,o GUWAHATI-6 2:THEoDIRECTORoOFoELEMENTARYoEDUCATION oKAHILIPARA oGUWAHATI-19 3:THEoDEPUTYoCOMMISSIONER oNAGAON oASSAM 4:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oNAGAON oASSAM 5:THEoBLOCKoELEMENTARYoEDUCATIONoOFFICER oBATADRABAo oNAGAON oASSAM 6:SCHOOLoMANAGINGoCOMMITTEE oDAKHINoMOIRADHAZoL.PoSCHOOLo.o Page No.# 2/4 REP. BY THE PRESIDENT AND SECRETARY. VILL- AKORABARI MOUZA- DHING DIST- NAGAON ASSA Advocate for the Petitioner : MR. D P CHALIHA Advocate for the Respondent : SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK