This interlocutory order allowed the prayer for impleadment of complainants as respondents in a writ petition challenging the dissolution of a school managing committee, finding no prejudice to the petitioner.
The prayer for impleadment of the applicants as party respondents in the connected writ petition is allowed.
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GAHC010000782022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/52/2022 in W.P.(C) No.7194 of 2021
OMAR ALI AND 11 ORS
S/O LATE ABDUL SAMED, R/O VILL. PHALIHAMARI PATHAR, P.O. PHALIHAMARI, P.S. BHURAGAON, DIST. MORIGAON, ASSAM.
2: JAMIR UDDIN S/O RUSTUM ALI R/O VILL. PHALIHAMARI PATHAR P.O. PHALIHAMARI P.S. BHURAGAON DIST. MORIGAON, ASSAM.
3: AKBAR ALI S/O LATE AYUB ALI R/O VILL. PHALIHAMARI PATHAR P.O. PHALIHAMARI P.S. BHURAGAON DIST. MORIGAON ASSAM.
4: RAMZAN ALI S/O LATE HATEM ALI R/O VILL. PHALIHAMARI PATHAR P.O. PHALIHAMARI P.S. BHURAGAON DIST. MORIGAON ASSAM.
5: SUFIYA KHATUN W/O NURUL ISLAM R/O VILL. PHALIHAMARI PATHAR P.O. PHALIHAMARI P.S. BHURAGAON
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DIST. MORIGAON ASSAM. 6: JAMAL UDDIN S/O LATE MAHAMMAD ALI R/O VILL. PHALIHAMARI PATHAR P.O. PHALIHAMARI P.S. BHURAGAON DIST. MORIGAON ASSAM. 7: HAFIZ UDDIN S/O LT. MUNTAN ALI R/O VILL. PHALIHAMARI PATHAR P.O. PHALIHAMARI P.S. BHURAGAON DIST. MORIGAON ASSAM.
8: ABDUL JUBBAR S/O LATE RUSTAM ALI R/O VILL. PHALIHAMARI PATHAR P.O. PHALIHAMARI P.S. BHURAGAON DIST. MORIGAON ASSAM. 9: NAZRUL ISLAM S/O LATE SAHAB UDDIN R/O VILL. PHALIHAMARI PATHAR P.O. PHALIHAMARI P.S. BHURAGAON DIST. MORIGAON ASSAM. 10: ABDUL HAKIM R/O VILL. PHALIHAMARI PATHAR P.O. PHALIHAMARI P.S. BHURAGAON DIST. MORIGAON ASSAM.
11: ARIFA KHATUN W/O FORJUL HOQUE R/O VILL. PHALIHAMARI PATHAR P.O. PHALIHMARI P.S. BHURAGAON DIST. MORIGAON
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ASSAM.
12: AMRAN HUSSAIN S/O JOMSHED ALI R/O VILL. PHALIHAMARI PATHAR P.O. PHALIHAMARI P.S. BHURAGAON DIST. MORIGAON ASSAM VERSUS MD. RAFUL AMIN AND 6 ORS. S/O LT. ABDUL AZIZ, R/O PHALIHAMARI PATHER, P.O. PHALIHAMARI PATHER, DIST. MORIGAON, ASSAM, PIN 782127 2:THE STATE OF ASSAM REP. BY THE SECY. TO THE GOVT. OF ASSAM EDUCATION (ELEMENTARY) DEPTT. DISPUR GUWAHATI 06 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI 19 4:THE DIST. ELEMENTARY EDUCATION OFFICER MORIGAON DIST. MORIGAON ASSAM PIN 782105 5:THE BLOCK ELEMENTARY EDUCATION OFFICER LAHARIGHAT P.O. LAHARIGHAT DIST. MORIGAON ASSAM PIN 782127 6:THE PHALIHAMARI PATHER MV SCHOOL REPRESENTED BY ITS HEADMASTER P.O. PHALIHAMARI DIST. MORIGAON ASSAM PIN 782127 7:THE HEAD MASTER OF PHALIHAMARI PATHER M.V. SCHOL P.O. PHALIHAMRI
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DIST. MORIGAON ASSAM PIN 7821
Advocate for the Petitioner : MR. A R BHUYAN
Advocate for the Respondent : SC, ELEM. EDU
B E F O R E
HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR
12-08-2022
Heard Mr. A.R. Bhuyan, learned counsel for the applicants. Also heard Mr. B. Rahman, learned counsel for the opposite party No.1/petitioner; and Mr. NJ Khataniar, learned Standing Counsel, Elementary Education, Assam for opposite parties No.3, 4 and 5.
Applicants are the complainants which culminated in the issuance of the impugned order dated 9.12.2021 issued by the District Elementary Education Officer, Morigaon, whereby the Managing Committee of Phalihamari Pathar MV School was dissolved. Being aggrieved, the School Managing Committee as writ petitioner filed the connected Writ Petition (C) No.7194 of 2021. After hearing the parties, this Court accordingly stayed the operation of the order dated 9.12.2021.
Mr. A.R. Bhuyan, learned counsel for the applicant submits that as the applicants are the complainants and whose wards are studying in the Phalihamari Pathar MV School, they are required to be impleaded as respondents inasmuch as the allegations made by the applicants against the School Managing Committee of the said School is very serious and,
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therefore, an opportunity be given to them to take part in the writ petition as party respondents.
Mr. Rahman, learned counsel for the opposite party No.1/writ petitioner on the other hand submits that as the complaint made by the applicants have already been considered by the concerned authorities and, thereafter, passed an order dated 9.12.2021, therefore, the impleadment of the applicants are not necessary. He also submits that the complaint made is not against the School Managing Committee, but against the Headmaster of the concerned School.
Mr. NJ Khataniar, learned Standing Counsel, Elementary Education Department has no objection to the applicants being impleaded as party respondents.
After hearing the learned counsel for the parties, this Court is of the considered opinion that as the applicants are the complainants against the Headmaster of the concerned School, it would cause no prejudice to the writ petitioner if they are impleaded as party respondents in the connected writ petition and, therefore, the prayer for impleadment is allowed.
The interlocutory application stands disposed of accordingly.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the complainants (applicants) should be impleaded as respondents in the writ petition challenging the dissolution of the school managing committee.
Whether the opportunity of being impleaded as respondents in the writ petition would cause prejudice to the writ petitioner.
OMAR ALI AND 11 ORS.
MD. RAFUL AMIN AND 6 ORS.
LANUSUNGKUM JAMIR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
