Petitioner challenged provincialization of a school on land claimed by him. Court held that land-related appeal pending must be first disposed of before any provincialization of the school can occur.
Directed Director of Secondary Education to dispose of petitioner's appeal dated 04.12.2020 by a reasoned order before provincializing the school.
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GAHC010019662021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/719/2021
NAHEJ UDDIN
S/O. MANCHER HAJI, VILL. KACHARI PAM, P.O. MAHTOLI, P.S. BOKO, DIST. KAMRUP, ASSAM, PIN-781136.
VERSUS
STATE OF ASSAM AND 6 ORS. REP. BY COMM. AND SECY., TO THE GOVT. OF ASSAM, EDUCATION SECONDARY DEPTT., DISPUR, GUWAHAIT-06.
2:DIRECTOR OF SECONDARY EDUCATION
ASSAM KAHILIPARA GUWAHATI-781019.
3:STATE LEVEL SCRUTINY COMMITTEE
KAMRUP TO BE REP. BY ITS CHAIRMAN CUM DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19.
4:INSPECTOR OF SCHOOLS
KAMRUP DISTRICT CIRCLE DIST. KAMRUP ASSAM.
5:SYED ANOWARA TAIMUR HIGH SCHOOL
VILL. KACHARI PAM
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P.O. MAHTOLI P.S. BOKO DIST. KAMRUP ASSAM PIN-781136 TO BE REP. BY ITS HEAD MASTER.
6:MANAGING COMMITTEE OF SAYED ANOWARA TAIMUR HIGH SCHOOL
VILL. KACHARI PAM P.O. MAHTOLI P.S. BOKO DIST. KAMRUP ASSAM PIN-781136 TO BE REP. BY ITS PRESIDENT.
7:DISTRICT LEVEL SCRUTINY COMMITTEE
KAMRUP TO BE REP. BY ITS CHAIRMAN CUM DY. COMMISSIONER KAMRUP ASSAM
Advocate for the Petitioner : MR. A C SARMA
Advocate for the Respondent : SC, SEC. EDU.
BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
04-02-2021
Heard Mr. B. Haldar, learned counsel for the petitioner and Mr. R. Mazumder, learned Standing counsel, Secondary Education Department for the respondent Nos. 1 to 4 and Mr. S. R. Baruah, learned Government Advocate, Assam for the respondent No. 7.
It is contended by the petitioner that the respondent Nos. 5 and 6 misrepresented before the concerned authority stating that 7 bighas of land over which Sayed Anowara Taimur High School is standing i.e. Dag No. 61 (new), Patta No. 10 (new) of Village-Kachari Pam, Revenue Circle-Chamaria, Mouza-Sontali, District-Kamrup was donated by the petitioner and accordingly, submitted land
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documents of the said school along with the relevant documents before the District Scrutiny Committee for Secondary Education, Kamrup so as to get the benefit of provincialisation of their services under the provisions of the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017 .
After coming to know about the same, the petitioner as a plaintiff preferred the Title Suit No. 114/2020 against the respondent Nos. 5 & 6 for declaration of right, title, interest, confirmation of possession over the said land over which the said school has been constructed and prayed for cancellation of mutation order issued in favour of the said Sayed Anowara Taimur High School, a Venture Educational Institution at village Kachari Pam, Chamaria, district Kamrup. The said Suit is pending for disposal.
In the meanwhile, the District Scrutiny Committee in the Secondary Education, Assam recommended for provincialisation of the said Sayed Anowara Taimur High School. Being aggrieved with the said recommendation, while the said Title Suit No. 114/2020 pertaining to said Sayed Anowara Taimur High School is pending, as noted above, the petitioner on 04.12.2020 submitted an appeal before the Director of Secondary Education, Assam which was duly received by the said Directorate on 04.12.2020 vide receipt No. 499. It is stated that the said appeal has not yet been disposed of.
It is submitted by the petitioner that the respondents in the Secondary Education Department and the State Level Scrutiny Committee without disposing of his said appeal dated 04.12.2020, is now going to provincialise said Sayed Anowara Taimur High School.
It is also submitted by the petitioner that if without disposing of the said appeal of the petitioner pending before the State Level Scrutiny Committee since 04.12.2020, the school in question is provinicialised, he will suffer irreparable lose and shall be deprived of his right, title and interest over the land in which the said school has been established.
After hearing the learned counsels for the parties and considering the entire aspect of the matter, this writ petition is disposed of at the motion stage itself directing the respondents in the Secondary Education Department, more particularly, the State Level Scrutiny Committee for Secondary Education Department headed by the Director of Secondary Education, Assam as its Chairman, to dispose of the appeal of the petitioner dated 04.12.2020 by a reasoned order in accordance with law.
Petitioner shall submit the certified copy of this order along with the copy of this writ petition and the annexures appended thereto including a copy of his appeal dated 04.12.2020 as well as his e-
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mail address and telephone/mobile numbers before the Director of Secondary Education, Assam, respondent No. 2, on or before 06.02.2021, obtaining necessary acknowledgment from the said authority in that regard .
In the event of complying the said direction by the petitioner, noted above, the respondents in the Secondary Education Department, Assam shall not provincialise the school of the respondent Nos. 5 and 6 without disposing of the appeal of the petitioner that was filed on 04.12.2020 (Annexure-3 to this petition).
The respondents in the Secondary Education, Assam shall intimate the petitioner about the outcome of his said appeal dated 04.12.2020.
With the above observation and direction, this writ petition stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the school should be provincialized before the petitioner's appeal regarding title to the land is disposed of.
Whether the petitioner is entitled to cessation of proceedings on provincialization pending title litigation.
Nahej Uddin
State of Assam
Director of Secondary Education, Assam
State Level Scrutiny Committee
Sayed Anowara Taimur High School
Managing Committee of Sayed Anowara Taimur High School
Manash Ranjan Pathak
As recorded by the court registry
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