Disposed

Md. Najeerul Haque v. the State of Assam and 8 Ors.

Gauhati HC5 Mar 2025WP(C)/6185/2021

Case brief

AI extract

What is this about?

Two linked writ petitions concerned disputed enquiry reports over management of Asimia Senior Madrassa and a criminal complaint. Following repeal of the Assam Madrassa education statutes and merger of the institution with a general school, with respondent transferred, the court held nothing survived and closed both matters.

What did the court decide?

No substantive relief granted; both writ petitions closed as nothing survived to be adjudicated.

Md. Najeerul Haque Vs the State of Assam and 8 Ors. — Education and Admissions | Gauhati HC (2025)

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GAHC010035472019

2025:GAU-AS:2391

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

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Case No. : WP(C)/1361/2019

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ASIMIA SENIOR MADRASSA AND ANR. REP. BY THE ELECTED PRESIDENT OF ASIMIA MADRASSA DEVELOPMENT AND MANAGEMENT COMMITTEE, VILL- ASIMGANJ, P.OKANAIBAZAR, DIST- KARIMGANJ, PIN- 788724

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2: HUSSAIN AHMED S/O- MD. JOLAL UDDIN VILL EAST HAITORKHA P.O AND P.S- PATHERKANDI DIST- KARIMGANJ ASSAM PIN- 78872

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VERSUS

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THE STATE OF ASSAM AND 5 ORS

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TO BE BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, EDUCATION, SECONDARY DEPTT, DISPUR, GUWAHATI- 06

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2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 19 3:THE DEPUTY COMMISSIONER (EDUCATION BRANCH) KARIMGANJ P.O AND DIST- KARIMGANJ ASSAM PIN- 787210

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4:THE INSPECTOR OF SCHOOLS KDC KARIMGANJ P.O AND DIST- KARIMGANJ

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ASSAM PIN- 788721 5:THE SUPERINTENDENT OF POLICE KARIMGANJ P.O AND DIST- KARIMGANJ ASSAM PIN- 788721

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6:NAJEERUL HAQUE S/O-LATE IBRAHIM ALI VILL- BARCHARARPAR P.O- DHUHALIA DIST- KARIMGANJ ASSAM PIN- 78872

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Advocate for the Petitioner : MR. A R BORBHUYAN, MR H I CHOUDHURY,MD. M U AHMED,MR. M A I HUSSAIN

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Advocate for the Respondent : SC, SEC. EDU., KAKALI DEVI (R6),MR. J RAHMAN (R6),MR. M KHAN (R6),GA, ASSAM

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Linked Case : WP(C)/6185/2021

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MD. NAJEERUL HAQUE S/O. LT. IBRAHIM ALI VILL. BARCHARRARPAR P.O. DUHALIA DIST. KARIMGANJ ASSAM.

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VERSUS

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THE STATE OF ASSAM AND 8 ORS REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM EDUCATION (SECONDARY) DEPTT. DISPUR GUWAHATI-06.

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2:THE JOINT SECRETARY TO THE GOVT. OF ASSAM

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EDUCATION (SECONDARY) DEPTT. DISPUR GUWAHATI-06. 3:THE DIRECTOR OF SEDONCARY EDUCATION ASSAM KAHILIPARA GHY.-19. 4:THE DEPUTY COMMISSIONER KARIMGANJ P.O. AND DIST. KARIMGANJ ASSAM PIN-788710. 5:THE INSPECTOR OF SCHOOLS

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KARIMGANJ DISTRICT CIRCLE KARIMGANJ P.O. AND DIST. KARIMGANJ ASSAM PIN-788710. 6:THE ADDL. SUPDT. OF POLICE

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KARIMGANJ P.O. AND DIST. KARIMGANJ PIN-7887210. 7:THE EXECUTIVE MAGISTRATE CUM CIRCLE OFFICER

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PATHERKANDI P.O. PATHERKANDI DIST. KARIMGANJ PIN-788724. 8:ASIMIA SENIOR MADRASSA (NOW RENAMED AS ASIMIA HIGH SCHOOL)

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REP. BY MD. HUSSAIN AHMED PRESIDENT OF ASIMIA SENIOR MADRASSA DEVELOPMENT AND MANAGEMENT COMMITTEE P.O. KANAIBAZAR DIST. KARIMGANJ PIN-788724.

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9:MD. FOKHRUL ISLAM

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HEADMASTER (I/C) ASIMIA HIGH SCHOOL (ERSTWHILE ASIMIA SR. MADRASSA) P.O. KANAIBAZAR DIST. KARIMGANJ PIN-788724. -----------Advocate for : MR. M K CHOUDHURY Advocate for : SC SEC. EDU. appearing for THE STATE OF ASSAM AND 8 ORS

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BEFORE

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THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY O R D E R

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06.03.2025

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Heard Mr. A.R. Borbhuyan, learned counsel for the petitioner in WP(C) 1361/2019. Also heard Mr. R. Mazumder, learned counsel for the respondents No.1, 2 and 4 being the authorities under the Secondary Education Department of the Govt. of Assam and Mr. P. Saikia, learned counsel for the respondents No. 3 and 5 being the Deputy Commissioner and Superintendent of Police, Karimganj and Mr. M. Khan, learned counsel for the respondent No.6 Najeerul Haque in WP(C) 1361/2019.

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WP(C) 1361/2019 is instituted by the managing committee of Asimia Senior Madrassa in the Karimganj district seeking a direction to the respondents No.1 and 2 in the Secondary Education Department to take necessary action pursuant to an enquiry report dated 21.10.2017, 06.02.2015 and 19.02.2016 which are annexed as Annexures 2, 5 and 7 respectively.

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Further relief sought for is for a direction to the respondents to take necessary action in connection with Patarkandi P.S. Case No.38/2018 under Section 420 IPC.

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The enquiry report dated 21.10.2017 is a report by the Executive Magistrate cum Circle Officer Patarkandi, Karimganj addressed to the Deputy Commissioner,

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Karimganj and such enquiry purportedly was made pursuant to a letter dated 13.10.2017 of the Deputy Commissioner.

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A reading of the enquiry report reveals certain allegation on the conduct of the respondent No.6, who was the Superintendent of Asimia Senior Madrassa at that relevant point of time.

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WP(C) 6185/2021 is filed being aggrieved by the enquiry reports submitted by the Addl. Superintendent of Police (B), Karimganj dated 06.02.2015 to the Superintendent of Police, Karimganj, report to the Joint Secretary, Education Department submitted to the Secretary, Secondary Education Department dated 19.12.2016 and the report submitted by the Executive Magistrate cum Circle Officer, Patharkandi under Karimganj dated 21.10.2017 to the D.C. Karimganj, the petitioner is before this court challenging all the three reports on the ground that they are baseless.

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An affidavit has been filed in WP(C) 1361/2019 by the State, which goes to show that the case registered against the petitioner in WP(C) No. 6185/2021 has ended in a charge-sheet being CS No. 280/2016 dated 31.02.2016. It is submitted by the learned counsel in WP(C) 6185/2021 that by virtue of a notification issued by the State withdrawing the petty offences, the aforesaid case has already been closed.

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Be that as it may, the dispute revolves around management of Asimia Senior Madrassa when the respondent No. 6 i.e. the petitioner in WP(C) 6185/2021 was the Superintendent. It is not in dispute that by virtue of enactment of Assam Repealing Act, 2023, whereby, the Assam Madrassa Education Provincialization Act, 1995 and the Assam Madrassa Education (Provincialization of Services of Employees and Re-organization of Madrassa Educational Institution) Act, 2018 had been repealed and by virtue of such repeal the institution in question has also been merged with general school. It is also submitted by the parties that the respondent No. 6 has already been transferred and is serving in somewhere else.

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In view of the aforesaid, this court is of the opinion that nothing survives to

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be adjudicated in these present cases and accordingly same stand closed.

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JUDGE

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Comparing Assistant

Md. Najeerul Haque v. the State of Assam and 8 Ors.

Case brief

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Md. Najeerul Haque v. the State of Assam and 8 Ors.

Case brief

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