Dismissed

Ali Hussain v. the State of Assam and 17 Ors.

Gauhati HC13 Jun 2022WP(C)/1895/2022

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition challenging the incorporation of forged dates of birth in government service records. The court dismissed the petition as not maintainable, noting the petitioner had previously withdrawn similar claims and a PIL with identical substance was already dismissed by a Division Bench. The petitioner failed to establish a violation of fundamental rights.

What the court decided

AI extract

Ali Hussain Vs the State of Assam and 17 Ors. — Pension and Retirement Benefits | Gauhati HC (2022)

¶1

Page No.# 1/4

¶2

GAHC010051102022

¶3

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

¶4

Case No. : WP(C)/1895/2022

¶5

ALI HUSSAIN

¶6

S/O. ABDUL HAMID, VILL. KARTIMARI, P.O. DHUMERGHAT, P.S. LAKHIPUR, DIST. GOALPARA, ASSAM, PIN-783330.

¶7

VERSUS

¶8

THE STATE OF ASSAM AND 17 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, DEPTT. OF EDUCATION (SECONDARY), DISPUR, GUWAHATI-06.

¶9

2:THE DIRECTOR OF SECONDARY EDUCATION

¶10

ASSAM KAHILIPARA GUWAHATI-19.

¶11

3:THE INSPECTOR OF SCHOOLS

¶12

GOALPARA DISTRICT CIRCLE (G.D.C.) GOALPARA P.O. GOALPARA HEAD OFFICE PIN-783101.

¶13

4:THE DEPUTY COMMISSIONER

¶14

GOALPARA P.O. GOALPARA HEAD OFFICE.

¶15

5:RAJBI KHATUN W/O. LT. NUR JAMAL HOQUE

¶16

Page No.# 2/4

¶17

6:ROFIKUL ISLAM

¶18

S/O. LT. NUR JAMAL HOQUE

¶19

7:ABDUL KADER

¶20

S/O. LT. NUR JAMAL HOQUE

¶21

8:REJABUL HOQUE S/O. LT. NUR JAMAL HOQUE

¶22

9:NUR BAHAR BIBI D/O. LT. NUR JAMAL HOQUE

¶23

10:ABDUR RACHID S/O. LT. NUR JAMAL HOQUE

¶24

11:MOKBUL HOSEN S/O. LT. NUR JAMAL HOQUE

¶25

12:AFRUZA KHATUN D/O. LT. NUR JAMAL HOQUE

¶26

13:MOFIDA KHATUN D/O. LT. NUR JAMAL HOQUE

¶27

14:KHURSIDA KHATUN D/O. LT. NUR JAMAL HOQUE

¶28

15:SAIFUL ISLAM S/O. LT. NUR JAMAL HOQUE REP. BY HIS MOTHER RESPONDENT NO.5 SERIAL NO. 5 TO 15 ARE RESIDENT OF VILL. KARTIMARI P.O. DHUMERGHAT DIST. GOALPARA ASSAM PIN-783330. 16:THE H.M. RAJMITA HIGH MADRASSA

¶29

Page No.# 3/4

¶30

VILL. RAJMITA P.O. RAJMITA DIST. GOALPARA PIN-783129.

¶31

17:THE SUPDT. OF GAUR NAGAR HIGH MADRASSA P.O. GAUR NAGAR DIST. GOALPARA ASSAM PIN-783132. 18:THE SUPDT. OF AMBARI KARTIMARI HIGH MADRASSA

¶32

P.O. DHUMERGHAT DIST. GOALPARA ASSAM PIN-783330

¶33

Advocate for the Petitioner : MR. M A SHEIKH

¶34

Advocate for the Respondent : GA, ASSAM

¶35

BEFORE

¶36

HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

¶37

ORDER

¶38

13-06-2022

¶39

Heard Mr. M. A. Sheikh, learned counsel for the petitioner and Mr. S.M.T.Chistie, learned Standing counsel, Secondary Education of the State for the respondent Nos. 1 to 3. Also heard Mr. S.R. Baruah, learned Government Advocate, Assam for the respondent No. 4.

¶40

Petitioner has preferred this writ petition stating that he filed a representation before the Deputy Commissioner, Goalpara, respondent No. 4 on 19.08.2021 regarding incorporation of forged date of birth of Nur Jamal Hoque and the private respondent Nos. 5 to 15 who are serving in various provincialised Educational Institutions as Grade-IV employees thereby taking the benefit of extended Government Service in illegal manner.

¶41

As the Deputy Commissioner, Goalpara, respondent No. 4 did not act on the said representation

¶42

Page No.# 4/4

¶43

of the petitioner dated 19.08.2021, being aggrieved, he has preferred this writ petition.

¶44

It is to be noted herein that the petitioner earlier with similar prayer against the present respondents preferred a writ petition being WP(C) No. 131/2022 and the same was withdrawn by him with a liberty to approach again before the appropriate forum. Subsequent to that, the petitioner preferred a Public Interest Litigation being PIL No. 13/2022 with similar prayer against the private respondents herein which was dismissed on 09.02.2022.

¶45

Now the petitioner has preferred this second writ petition against those respondents including the private respondent Nos. 5 to 15 regarding the alleged forged documents and manipulation of their date of births.

¶46

While withdrawing earlier writ petition i.e., WP(C) No. 131/2022 on 10.01.2022 by the petitioner, he sought liberty to approach again before the appropriate forum but in the present proceeding, the petitioner failed to establish any of his fundamental rights being violated against the private respondents, as the petitioner’s PIL No. 13/2022 has already been dismissed on 09.02.2022 by a Division Bench of this Hon’ble High Court.

¶47

As the petitioner failed to establish any such violation of his fundamental rights, this Court is of the view that this writ petition being not maintainable, stands dismissed.

¶48

JUDGE

¶49

Comparing Assistant

Ali Hussain v. the State of Assam and 17 Ors.

Case brief

What is this about?

What the court decided

Ali Hussain v. the State of Assam and 17 Ors.

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M/S Dehing Part I Fishery Co-Operative Society Limited Vs the State of Assam and 6 Ors.

M/S Roshni Gas Service Vs the Union of India and 4 Ors.

Dipanjali Bora Vs the State of Assam and 5 Ors.

Aklas Uddin Mazarbhuiyan Vs the State of Assam and Anr.

Amad Uddin Vs the State of Assam and 2 Ors.

Ratna Kanta Pegu Vs the State of Assam and 5 Ors.