Allowed

Syed Anowar Taimur High School v. the State of Assam and 4 Ors.

Gauhati HC7 Jan 2022WA/72/2021

Case brief

AI extract

What is this about?

High Court allowed the writ appeal against Single Judge's order. It held land ownership must be decided by Civil Court, not Education Department. Directs disbursement of arrear salaries within two months while school functions pending title decision.

What did the court decide?

Set aside Single Judge order; direct disbursement of arrear salaries within two months; hold land dispute for Civil Court decision.

Syed Anowar Taimur High School Vs the State of… — Education and Admissions | Gauhati HC (2022)

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Page No.# 1/5

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GAHC010034882021

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

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Case No. : WA/72/2021

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SYED ANOWAR TAIMUR HIGH SCHOOL REP. BY ITS HEADMASTER MD. HAZRAT ALI, VILLAGE- KACHARI PAM, PO MAHTOLI, PS BOKO, DIST. KAMRUP, ASSAM, PIN-781136

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VERSUS

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THE STATE OF ASSAM AND 4 ORS. REP. BY ITS COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPTT. OF SECONDARY EDUCATION, GOVT. OF ASSAM, DISPUR-06

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2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 ASSAM 3:THE STATE LEVEL SCRUTINY COMMITTEE KAMRUP TO BE REP. BY ITS CHAIRMAN CUM DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 4:THE DISTRICT LEVEL SCRUTINY COMMITTEE KAMRUP TO BE REP. BY ITS CHAIRMAN CUM DY. COMMISSIONER ASSAM KAHILIPARA GUWAHATI-19 5:NAHEJ UDDIN S/O MANCHER HAJI

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Page No.# 2/5

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VILL KACHARI PAM PO MAHTOLI PS BOKO DIST. KAMRUP ASSAM PIN -78113

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Advocate for the Petitioner : MR. U K NAIR

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Advocate for the Respondent : GA, ASSAM

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BEFORE

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HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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Date : 07.01.2022 (Sudhanshu Dhulia, CJ)

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The matter is taken up through video conferencing.

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Heard Mr. U.K. Nair, learned senior counsel for the appellant. Also heard Ms. P. Chakraborty, learned Standing Counsel, Education (Secondary) Department, appearing for the respondent Nos. 1 to 3 as well as Mr. J. Ahmed, learned counsel appearing for the respondent No.5.

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This writ appeal has been filed by Syed Anowar Taimur High School through its Headmaster, who is the Secretary of the Managing Committee of the school. The writ appellant is aggrieved by the order dated 04.02.2021 passed by the learned Single Judge in W.P.(C) No. 719/2021 filed by the private respondent No.5, whereby the Director of Secondary Education has been directed to decide the dispute between the writ petitioner/respondent No.5 and the school, but meanwhile it has also been directed that till such a decision is taken, the school which was about to be provincialised, shall not be provincialised.

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Page No.# 3/5

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The case of the writ petitioner/private respondent No.5 before the learned Single Judge was that the school had misrepresented before the authorities stating that they have the required land for provincialisation of the school and that this land was donated by the writ petitioner/private respondent No.5. It was contended that the land belongs to the writ petitioner/respondent No.5 and the managing committee had done this by manipulating land records in collusion with the revenue authorities.

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The fact, however, remains that the school is running and the paperwork regarding provincialisation of the school was underway when such a complaint was made by the writ petitioner/respondent No.5 before the Director of Secondary Education. The writ petition was disposed of by the learned Single Judge with the following direction:

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“ 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.

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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-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.

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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).

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The respondents in the Secondary Education, Assam shall intimate the petitioner about the outcome of his said appeal dated 04.12.2020.

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With the above observation and direction, this writ petition stands disposed of.”

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This Court has been informed that although the learned Single Judge had passed the order on 04.02.2021, the school was provincialised by the authorities on the same day i.e., 04.02.2021, but since such an order has been passed, the salary of the teachers and other employees of the school are not being disbursed in time.

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We are presently not concerned as to who is the actual owner of the land or as to the dispute regarding the land between various parties. We are more concerned about the functioning of the school which has now been provincialised. We say so as this Court has been informed by none other than the learned counsel for the writ petitioner/respondent No.5 that the writ petitioner/respondent No.5 has filed a suit for declaration which is presently pending before the Court of Civil Judge, Kamrup where the ownership and title of the land will be decided. Meanwhile the school must function.

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Whether the land belongs to the writ appellant or the private respondent No.5 is a matter which will be decided by the Civil Court. All the same, till such matter is decided, the functioning of the school, which is now a provincialised school, cannot be stopped. Moreover, the land dispute has to be decided by the Civil Court and not by the Director of Secondary Education. Therefore, we set aside the order of the learned Single Judge dated 04.02.2021 passed in W.P.(C) No. 719/2021. The writ appeal is allowed.

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Since the school has already been provincialised, we direct the concerned authorities to disburse the salary of the teachers and other employees of the school in time and give the entire arrear salary, if any, within a period of two months from today. We further direct that the ownership of the land in question will depend upon the decision of the Civil Court and the concerned authority and the Director of Secondary Education will take an appropriate decision in the

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matter, thereafter.

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JUDGE CHIEF JUSTICE

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Comparing Assistant

Syed Anowar Taimur High School v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Syed Anowar Taimur High School v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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