Allowed

Balicherra M E Madrassa v. the State of Assam and 5 Ors.

Gauhati HC1 Nov 2022WP(C)/5293/2020

Case brief

AI extract

What is this about?

This writ petition concerns the release of arrears of financial assistance for the petitioner's recognized school for specific academic periods. The Court held that since the school was deemed genuine in a prior order, the Director Elementary Education was directed to process the arrear payments within three months.

What did the court decide?

Respondent No.3 (Director Elementary Education) directed to take steps for release of arrear financial assistance for periods 2010-11, 2012-13, 2013-14 and 2014-15 within 3 months.

Balicherra M E Madrassa Vs the State of Assam and 5… — Education and Admissions | Gauhati HC (2022)

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Page No.# 1/5

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GAHC010178782020

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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)/5293/2020

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BALICHERRA M E MADRASSA VILLAGE BORBOND PART II, PO BALIURA, DIST HAILAKANDI,ASAM REPRESENTED BY ITS HEADMASTER CUM SECRETARY FARIZ UDDIN BARBHUIYA, AGED 39 YEARS,S/O LATE MANTAZ ALI BARBHUIYA

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VERSUS

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THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR GUWAHATI 6

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2:THE COMMISSIONER AND SECRETARY GOVT. OF ASSAM FINANCE DEPT. DISPUR GUWAHATI 6

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3:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILPARA GUWAHATI 19

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4:THE DEPUTY COMMISSIONER HAILAKANDI 788151

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5:THE DISTRICT ELEMENTARY EDUCATION OFFICER

HAILAKANDI

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788151

6:THE BLOCK ELEMENTARY EDUCATION OFFICER

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LALA EDUCATION BLOCK PO LALA DIST HAILAKANDI ASSAM 78816

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Advocate for the Petitioner : MR. A H M R CHOUDHURY

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

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ORDER

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Date : 01.11.2022

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Heard Mr. A.H.M.R. Choudhury, learned counsel for the petitioner. Also heard Mr. P.N.Sarma, learned standing counsel, Elementary Education for respondent Nos. 1, 3, 5 and 6. Mr. B.Gogoi, learned standing counsel, Finance for respondent No.2 and Mr. G.Pegu, learned Govt. Advocate for respondent No.4.

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Petitioner is the Headmaster-cum-Secretary of Balicherra M.E. Madrassa, village Bonbond Part-II, P.O Baliura, Education Block-Lala, District Hailakandi, Assam and is praying for the release of the arrear financial assistance of Rs. 12, 13, 200 for the period of 2010-11, 2012-13, 2013-14, and 2014-15.

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It is the case of the petitioner that the petitioner’s School was accorded recognition by the Director, Elementary Education, Assam by order dated 07.01.2006. Thereafter, in the year 2005, the Government of Assam took a policy decision to provide financial assistance to all venture educational institutions through out the State of Assam. Pursuant to such decision, the

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Director of Elementary Education directed the District authorities of the Education Department to send the names of eligible venture institutions of the Districts to the Directorate for providing financial assistance. In one of the list dated 14.06.2010 prepared by the District Elementary Education Officer, Hailakandi a dispute arose between the petitioner’s School and Balicherra M.E. Madrassa Kanchanpur for grant of financial assistance for the financial year 2011-12. Therefore, the petitioner’s School filed a writ petition which was numbered as WP(C)/4108/2010. The said writ petition was disposed of by order dated 16.08.2012 and the relevant portion reads as under:

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“Having regard to such factual disputes, the writ court cannot issue the direction as sought for in this writ petition unless a fact finding exercise is undertaken by the competent authority to ascertain the school to which the permission for establishment and recognition is granted.

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Hence the present petition is disposed of directing the Director of Elementary Education, Assam to undertake the fact finding exercise as to whether the petitioner’s school or the respondent No.4 school was granted the permission to establish as well as the recognition and thereafter to pass speaking order. The said exercise shall be completed within a period of 45 days from the date of production of certified copy of this order by either of the parties. The Director in the said process shall hear the petitioner as well as the respondent No.4 and allow them to produce the respective documents. The said order shall be passed by the Director on the basis of the documents those may be furnished by the parties apart from the other departmental records.

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Till such finalization of the dispute, the financial assistance shall not be granted to either of the school. It is needless to say that as soon as such finalization is made, the Director shall pass necessary orders for release of the financial assistance.

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The writ petition is accordingly disposed of.”

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Thereafter, the Director, Elementary Education, Assam in terms of the

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order dated 16.08.2012, passed by this Court in WP(C)/4108/2010 passed an order dated 22.04.2016, stating that the present petitioner’s School is considered to be genuine.

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The petitioner’s School accordingly made a representation praying for release of sanctioned financial assistance for the period of 2010-11, 2012-13, 2013-14 and 2014-15. However, as no steps were taken, petitioner is before this Court by way of the present writ petition.

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The respondent No.3/the Director, Elementary Education has filed counter affidavit and at para 5 it is stated that, as there was a dispute between the petitioner’s School and another School, the financial assistance of the petitioner’s School was kept pending by the District Elementary Education Officer, Hailakandi. It is also stated that after the provincialisation of services of the teachers of venture LP/UP Schools in terms of the Assam Venture Educational Institutions (Provincialisation of Services) Act 2011 (Act of 2011 in short), the Government has not allotted funds for release of financial incentive to venture institutions w.e.f 2015-2016. Further statement is made that in terms of Finance Department letter dated 18.05.2013 and 25.05.2016 all the DDOs have deposited their unutilized amount to the Govt. Exchequer.

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After hearing the parties, it is seen that the petitioner’s School is praying for release of the arrear financial assistance for the period of 2010-11, 2012-13, 2013-14 and 2014-15 and not after 2015.

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Further on a perusal of the order dated 16.08.2012, passed by this Court in WP(C)/4108/2010, it is seen that after the Director, Elementary Education makes a finalization, the Director was to pass necessary orders for release of the financial assistance. Thereafter the Director, Elementary Education by order

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dated 22.04.2006, came to the conclusion that the petitioner’s school is the genuine school. It was therefore incumbent upon the Director, Elementary Education/respondent No.3 to have released the arrear financial assistance for the period of 2010-11, 2012-13, 2013-14 and 2014-15 to the petitioner’s School. However, the same has not been done and this has led to the petitioner approaching this Court again.

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Accordingly, the respondent No.3 is directed to take steps for release of the arrear financial assistance for the period of 2010-11, 2012-13, 2013-14 and 2014-15 to the petitioner’s School and thereafter, pass an appropriate order within a period of 3(three) month from the date of receipt of a copy of the order of this Court.

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With the above observations and directions, the writ petition is disposed of.

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JUDGE

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Comparing Assistant

Balicherra M E Madrassa v. the State of Assam and 5 Ors.

Case brief

What is this about?

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Balicherra M E Madrassa v. the State of Assam and 5 Ors.

Case brief

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