Teachers and a madrassa sought withdrawal of their writ appeal to pursue grievances before the appropriate Tribunal; the High Court permitted the withdrawal with liberty, directing expeditious Tribunal proceedings free from the Single Judge's observations.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/3
GAHC010090092023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/143/2023
1: GUNAIPANI M.E MADRASSA AND ORS. REP. BY ITS HEADMASTER CUM SECRETARY, NAMELY ABUL HOSSAIN, VILL- BAULURI, P.O. CHIRAKUTI BAZAR, P.S. FAKIRGANJ, DIST.- DHUBRI, ASSAM.
2: ABUL HOSSAIN
S/O- MD. MONIRUDDIN SOCIAL STUDIES TEACHER GUNAIPANI M.E. MADRASSA VILL- BAULURI P.O. CHIRAKUTI BAZAR P.S. FAKIRGANJ DIST.- DHUBRI ASSAM PIN- 783330
3: JAHIDUL ISLAM
S/O- LT. INSAN ALI ASSAMESE TEACHER GUNAIPANI M.E. MADRASSA VILL- TARANGAJHAR P.O. JAMADARHAT P.S. FAKIRGANJ DIST.- DHUBRI ASSAM PIN- 783330
4: ROHIZ UDDIN AHMED
S/O- KOBAD HOSSAIN ASSTT. TEACHER MATHEMATICS AND SCIENCE GUNAIPANI M.E. MADRASSA VILL. AND P.O. SALKATA P.S. FAKIRGANJ DIST.- DHUBRI ASSAM PIN- 78333
VERSUS
1: THE STATE OF ASSAM AND 8 ORS.
REP. BY THE COMMISSIONER AND SECRETARY, GOVT. OF ASSAM, ELEMENTARY EDUCATION DEPTT., DISPUR, GUWAHATI- 6.
2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-19
3:THE DISTRICT LEVEL COMMITTEE REP. BY ITS CHAIRMAN CUM DEPUTY COMMISSIONER DHUBRI ASSAM.
4:THE DISTRICT ELEMENTARY EDUCATION OFFICER DHUBRI ASSAM
Page No.# 2/3
5:THE BLOCK ELEMENTARY EDUCATION OFFICER SOUTH SALMARA BLOCK NAGABANDHA P.O. SOUTH SALMARA DIST.- DHUBRI ASSAM
6:THE CLUSTER RESOURCE CO-ORDINATOR CHIRAKUTI ASSAM SARBA SIKSHA ABHIJAN MISSION BLOCK- SOUTH SALMARA DIST.- DHUBRI ASSAM
7:CHAN MIYA
S/O- LT. INSAN ALI HEADMASTER GUNAIPANI M.E. MADRASSA ASSTT. TEACHER SOCIAL STUDIES VILL- TARANGAJHAR P.O. JAMADARHAT P.S. FAKIRGANJ DIST.- DHUBRI ASSAM PIN- 783330
8:RABIAL HOQUE
S/O- LT. NISHAN ALI ASSTT. ASSAMESE TEACHER GUNAIPANI M.E. MADRASSA P.O. CHIRAKUTI BAZAR P.S. FAKIRGANJ DIST.- DHUBRI ASSAM PIN- 783330
9:RUPCHAND ALI
S/O- BILAT ALI SCIENCE TEACHER GUNAIPANI M.E. MADRASSA VILL- KUMRI P.O. CHIRAKUTI BAZAR P.S. FAKIRGANJ DIST.- DHUBRI ASSAM PIN- 78333
For the Appellant(s) : Mr. M.U. Mahmud, Advocate.
For the Respondent(s) : Mrs. R.B. Bora, Junior Government Advocate, Assam. : Mr. R. Mazumdar, Standing Counsel, School Education Department. : Mr. D.P. Chaliha, Senior Advocate, for respondent Nos.7, 8 & 9.
– B E F O R E –
HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE SUMAN SHYAM
12.02.2024 (Vijay Bishnoi, CJ)
After attempting to argue the matter quite for some time, Mr. M.U. Mahmud, learned counsel for the appellants has submitted that he may be permitted to withdraw the writ appeal with liberty to the appellants to approach the appropriate Tribunal for redressing their grievances.
Page No.# 3/3
Learned counsel appearing for the respondents have no objection if such liberty is granted.
In such circumstances, this writ appeal is dismissed as withdrawn with liberty to the appellants to approach the appropriate Tribunal for redressal of their grievances.
It is expected that the proceedings initiated at the instance of the appellants before the Tribunal shall be decided expeditiously.
It is made clear that the Tribunal shall not be influenced by any observations made by the learned Single Judge in the impugned order and the claim of the appellants would be decided on its own merits.
JUDGE CHIEF JUSTICE
Comparing Assistant
Gunaipani M.E Madrassa and Ors.
Abul Hossain
Jahidul Islam
Rohiz Uddin Ahmed
The State of Assam
Chan Miya
Vijay Bishnoi
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
