Dismissed

Md. Abdul Mazid v. the State of Assam and 4 Ors.

Gauhati HC5 Jan 2018WP(C)/957/2016

Case brief

AI extract

What is this about?

In a writ petition regarding the shifting of a provincialized primary school from Gossaigaon Tanpara to Pub Gossaigaon, the Gauhati High Court examined a departmental report. Finding the school had shifted back to its original donated land after provincialization, the court rejected the petition as lacking merit.

What did the court decide?

The writ petition stands rejected as it lacks merit based on the departmental report confirming the school is at its original location.

Md. Abdul Mazid Vs the State of Assam and 4 Ors. — Education and Admissions | Gauhati HC (2018)

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Page No.# 1/3

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GAHC010107202016

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/957/2016

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MD. ABDUL MAZID S/O LT. MOJIBOR RAHMAN R/O VILLGOSSAIGOAN TANPARA, P.O. DAKHIN BIJNI P.S. MANIKAPUR, DIST. BONGAIGOAN ASSAM, PIN - 783380

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VERSUS

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THE STATE OF ASSAM AND 4 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6.

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2:THE DIRECTOR OF ELEMENTARY EDUCATION

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3:THE DISTRICT ELEMENTARY EDUCATION OFFICER

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4:THE BLOCK ELEMENTARY EDUCATION OFFICER

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Page No.# 2/3

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5:DHON BOKSH SHEIK

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Advocate for the Petitioner : MR.R S CHOUHAN

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Advocate for the Respondent : MR.A DASR-5

ORDER

Date : 05-01-2018

BEFORE

HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

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Heard Mr. R S Chouhan, learned counsel for the petitioner and Mr. S M T Chistie, learned Standing counsel, Education Department for the respondent Nos. 1 to 4.

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Matter relates to shifting of one Bijni Tanpara Lower Primary School in the Manikpur Education Block of Bongaigaon District.

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It is contended by the petitioner that though the said school in question was provincialized w.e.f. 01.01.2013, but it has been shifted to another village from Gossaigaon Tanpara village to Pub Gossaigaon after the said school was provincialized.

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By orders dated 08.06.2016 and 01.12.2017, the Deputy Inspector of Schools, Bongaigaon as well as the Block Elementary Education Officer, Manikpur were directed to furnish a detail report with regard to the school in question and about its shifting to another village after the school being provincialized. A detail report of the concerned BEEO, Manikpur dated 03.01.2018 duly forwarded by the D.I. of Schools, Bongaigaon on 04.01.2018 has been placed before the Court by Mr. Chistie, learned Standing counsel, Education Department.

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Moreover, the concerned Deputy Inspector of Schools, Bongaigaon, namely, Prafulla Ram Das as well as the Block Elementary Education Officer, Manikpur, namely, Mijanur Rahman Sheikh have also appeared before the Court, though, by order dated 01.12.2017, it was specified that failure on their part to submit a report, they have to remain personally present today before the Court.

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From the report dated 03.01.2018 of the BEEO, Manikpur, it is seen that the said report was prepared by him after making spot verification of the school in question and it is seen that the land of the school was donated by one Raj Krishna Das way back in the year 1993 and

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Page No.# 3/3

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pursuant to the order of the concerned Circle Officer dated 04.04.1994, Jamabandi of the land in question was duly corrected in the name of the school along with the name of the donor, Raj Krishna Das for his other land.

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From the report, it is also seen that as the land in question of the school was adjacent to the river Dolani and due to erosion in the year 1995, the said school was shifted to another place known as Masjid Campus in the same revenue block at Pub Gossaigaon village.

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Since the original land of the school in question was retrieved, the report also reveals that after provincialization of the school in question as per the resolution of the Managing Committee of the school dated 18.12.2013, the said school has already shifted to its original place/land under Dag No. 456, Patta No. 110 that was donated by said Raj Krishna Das.

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Also perused the report captured under Data Capture Format with regard to the school in question under the Unified District Education System for Education (U-DISE) of SSA.

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Considering such report of the concerned BEEO, Manikpur dated 03.01.2018 forwarded by the concerned D.I. of Schools, Bongaigaon on 04.01.2018, this Court is of the opinion that this writ petition lacks merit and accordingly, stands rejected.

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The personal appearance of the concerned Deputy Inspector of Schools, Bongaigaon, namely, Prafulla Ram Das as well as the Block Elementary Education Officer, Manikpur, namely, Mijanur Rahman Sheikh are hereby dispensed with.

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A copy of the report submitted by the BEEO, Manikpur dated 03.01.2018 forwarded by the D.I. of School, Bongaigaon on 04.01.2018 marked as ‘X’, be kept as a part of the record.

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Sd/-

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JUDGE

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Comparing Assistant

Md. Abdul Mazid v. the State of Assam and 4 Ors.

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Md. Abdul Mazid v. the State of Assam and 4 Ors.

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