Disposed

Dalapara Me Madrassa v. the State of Assam and 9 Ors.

Gauhati HC5 Dec 2023WP(C)/1529/2015

Case brief

AI extract

What is this about?

The High Court dismissed two writ petitions challenging the Director of Elementary Education's decision on the genuine head of Dolapara M.E. Madrasa. The Court held that disputed facts and evidence require a civil forum, not writ proceedings, directing parties to institute civil suits. An interim stay order is extended.

What did the court decide?

Parties granted 45 days to institute proceedings before the Civil Court of competent jurisdiction.

Dalapara Me Madrassa Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2023)

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GAHC010006962015

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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)/72/2015

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DOLAPARA ME MADRASSA

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MOIRABARI PASCHIM REP. BY ITS HEAD MASTER-CUM- SECRETARY, MD. ZIADUL ISLAM S/O LT. HAMED ALI VILL- and P.O. and P.S. MOIRABARI DIST. MORIGAON, ASSAM.

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VERSUS

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THE STATE OF ASSAM and 7 ORS,

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REP. BY THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM, EDUCATION ELEMENTARY DEPARTMENT, DISPUR, GUWAHATI-6.

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2:THE DIRECTOR OF ELEMENTARY EDUCATION

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ASSAM KAHILIPARA GUWAHATI-19.

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3:THE ASSAM SARBA SIKSHA ABHIJAN MISSION

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REP. BY THE MISSION DIRECTOR ASSAM KAHILIPARA GUWAHATI-19.

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4:THE DISTRICT SCRUTINY COMMITTEE MORIGAON REP. BY THE DEPUTY COMMISSIONER MORIGAON.

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5:THE DISTRICT ELEMENTARY EDUCATION OFFICER

MORIGAON

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ASSAM.

6:THE BLOCK ELEMENTARY EDUCATION OFFICER

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LAHARIGHAT DIST. MORIGAON ASSAM.

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7:MD. NASIRUDDIN AHMED

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S/OLT. NURUDDIN AHMED R/O VILL- HAHCHARAGAON P.O. HAHCHARA GAON P.S. MORIGAON DIST. MORIGAON- 782126

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ASSAM. PRESENT HEAD MASTER OF DOLAPARA M.E. SCHOOL LOCATED AT HAHCHARA GOAN SUBURI.

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8:MD. YAKUB ALI

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S/OLT. HAJI TAYAB ALI R/O VILL- HAHCHARAGAON P.O. HAHCHARA P.S. MORIBARI DIST. MORIGAON- 782126 ASSAM

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Advocate for the Petitioner : MS.A NEOG

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Advocate for the Respondent : FOR CAVEATOR

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Linked Case : WP(C)/1529/2015

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DALAPARA ME MADRASSA REPRESENTED BY ITS HEAD MASTER CUM SECRETARY MD. MOJIBUR RAHMAN VILL. HAHCHARA P.O. HAHCHARA DIST. MORIGAON ASSAM PIN 782126

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VERSUS

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THE STATE OF ASSAM AND 9 ORS REPRESENTED BY THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM EDUCATION ELEMENTARY DEPTT. ASSAM

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DISPUR GUWAHATI-6 2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. ASSAM DISPUR GUWAHATI-6 3:THE UNDER SECY. TO THE GOVT. OF ASSAM EDUCATION ELEMENTARY DEPTT. ASSAM DISPUR GUWAHATI-6 4:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-9 5:THE DIST. ELEMENTARY EDUCATION OFFICER MORIGAON DIST. MORIGAON ASSAM. 6:THE BLOCK ELEMENTARY EDUCATION OFFICER BEEO LAHARIGHAT ELEMENTARY EDUCATION BLOCK LAHARIGHAT MORIGAON ASSAM. 7:THE DEPUTY COMMISSIONER MORIGAON DIST. MORIGAON ASSAM. 8:MD. ZIADUL ISLAM HEAD MASTER CUM SECY. DUPLICATE DOLAPARA ME MADRASSA MOIRABARI PACHIM VILL. MOIRABARI P.O. MOIRABARI DIST.MORIGAON ASSAM PIN 782126 9:MD. SAFIQUL ISLAM

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THE THEN PRESIDENT DOLAPARA ME MADRASSA MANAGING

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COMMITTEE VILL. MOIRABARI P.O. MOIRABARI DIST. MORIGAON ASSAM. 10:MD. NASIRUDDIN AHMED

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S/O LATE NURUDDIN AHMED R/O VILL. HAHCHARA P.O. HAHCHARA DIST. MORIGAON ASSAM PIN 782126 PRESENT HEAD MASTER OF DUPLICATE DOLAPARA ME MADRASSA LOCATED AT HAHCHARA GAON SUBURI

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-----------Advocate for : MR. E AHMED Advocate for : MS.S K NARGISR-8and9 appearing for THE STATE OF ASSAM AND 9 ORS

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BEFORE

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HON’BLE MR. JUSTICE UNNI KRISHNAN NAIR

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05.12.2023

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Heard Ms. S.K. Nargis, learned counsel for the petitioner in WP(C) 72/2015 and Mr. E. Ahmed, learned counsel for the petitioner in WP(C) 1529/2015. Also heard Mr. R. Mazumdar, learned Standing Counsel, Education Department, for the respondents.

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2. These two writ petitions have been filed assailing the order dated 20.11.2014 passed by the Director of Elementary Education, Assam, in compliance of the order of this Court dated 20.11.2013 passed in WP(C) No.2586/2012, whereby the Director had decided that among the three schools in the same name of Dolapara M.E. Madrassa, the Dolapara M.E. Madrassa headed by Nasiruddin Ahmed, which is located at Hahchara Gaon, is the genuine school.

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3. WP(C) 72/2015 has been filed by Dolapara M.E. Madrassa represented by its Head Master-cum-Secretary, Md. Ziadul Islam whereas WP(C) 1529/2015 has been filed by its Head Master-cum-Secretary, Md. Mojibur Rahman. In the earlier round of litigation, i.e. WP(C) 2586/2012, which led to the impugned order dated 20.11.2014 being passed by the Director of Elementary Education, this Court observed that three schools were involved with the same name with the claim of each one being the real one and such disputed questions of fact could not be gone into in the writ proceedings. Even after passing of the order dated 20.11.2014, the issue has not been resolved till date and each party has been agitating their respective claim.

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4. On a perusal of the claim made by the present petitioners, it is apparent that the same would require examination of facts which are disputed by each of the parties and would require evidence to be adduced to come to a definite conclusion with regard to the claim of each of the parties. As such, I am of the view that the Writ Court is not the competent forum for deciding such admittedly disputed facts and the petitioners are to approach the competent court of civil jurisdiction for establishing their rights and claims.

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5. Accordingly, the present writ petitions are disposed of requiring the parties to agitate their grievances before the Civil Court of competent jurisdiction. The petitioners in both the cases are granted 45 (forty five) days’ time to institute appropriate proceedings before the Civil Court of competent jurisdiction and in the event such proceedings are instituted, learned Civil Court for the purpose of condonation of delay, if any, consider the pendency of the present proceedings before this Court as a ground. This Court passed an interim order on 19.01.2015 in WP(C) 72/2015, staying the impugned order dated 20.11.2014. The said interim order shall continue for a period of 45 (forty five) days and thereafter,

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on institution of the proceedings, the parties would be at liberty to pray for such ad-interim order, which would be considered by the trial court on its merits.

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With the above observations and directions, these two writ petitions stand disposed of.

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JUDGE

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Comparing Assistant

Dalapara Me Madrassa v. the State of Assam and 9 Ors.

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Dalapara Me Madrassa v. the State of Assam and 9 Ors.

Case brief

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