Gelwindro Momin and Anr. Vs Abdur Rezzaque and 7 Ors.

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GAHC010017312014

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2026:GAU-AS:3290

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

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Case No. : Cont.Cas(C)/509/2014

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GELWINDRO MOMIN and ANR.

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S/O- LT. NEPAL SING MARAK, VILL.- KHERMOHORA, P.O.- TUKURA, DIST.GOALPARA, ASSAM.

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2: NIGARSTONE SANGMA S/O- LT. PREMETSON MARAK VILL.- NIAPOLI P.O.- BANDARSHI DIST.- GOALPARA ASSAM

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VERSUS

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ABDUR REZZAQUE and 7 ORS. DIST. ELEMENTARY EDUCATION OFFICER, GOALPARA, P.O. and DIST.GOALPARA, ASSAM.

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2:PINITSONE MARAK FORMER SECY. ANGOLAGURI GARO MEDIUM L.P. SCHOOL VILL.- ANGOLAGURI P.O.- TUKURA DIST.- GOALPARA ASSAM.

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3:BRELIAN MOMIN FORMER PRESIDENT ANGOLAGURI GARO MEDIUM LP SCHOOL VILL.- ANGOLAGURI P.O.- TUKURA DIST.- GOALPARA ASSAM.

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4:CREMLIA SANGMA SECY. ANGOLAGURI GARO MEDIUM LP SCHOOL VILL.- ANGOLAGURI

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P.O. TUKURA DIST.- GOALPARA ASSAM.

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5:BOOKERSON MARAK PRESIDENT ANGOLAGURI GARO MEDIUM LP SCHOOL VILL.- ANGOLAGURI P.O. TUKURA DIST.- GOALPARA ASSAM.

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6:SRI NRIPEN DAS DISTRICT ELEMENTARY EDUCATION OFFICER GOALPARA PO GOALPARA DIST. GOALPARA ASSAM. 7:SADULLAH KHAN DISTRICT ELEMENTARY EDUCATION OFFICER GOALPARA PO - GOALPARA DISTRICT - GOALPARA ASSAM.

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8:ANUP KUMAR DAS DISTRICT ELEMENTARY EDUCATION OFFICER GOALPARA PO-GOALPARA DIST-GOALPARA ASSAM

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Advocate for the Petitioner : MR.M DUTTA, MR.M ISLAM,MR.N UDDIN Advocate for the Respondent : MR. P P BARUAH, MR.B CHOUDHURY(R-4),MR. K K DUTTA,MR. R MAZUMDAR, SC SEC. EDU

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BEFORE

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HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

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06-03-2026

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1. Heard Mr. M. Dutta, learned counsel for the petitioners and Mr. B. Choudhury, learned counsel representing the respondent/contemnor No.4.

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2. Alleging willful and deliberate violation of this Court’s order dated 09.04.2014 passed in WP(C) No. 4733/2011, the present contempt petition is filed.

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3. Challenge made in the aforenoted writ petition was against the action of the respondents therein in discharging 2 (two) petitioners from their respective posts of Assistant Teachers on 02.01.2009 in terms of the resolution passed by the School Managing Committee (SMC for short) replacing them by the respondent Nos. 8 & 9 therein, who were stated to be working since 03.01.2009 & 04.01.2009 respectively. Said discharge was made at the venture stage of school in question.

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4. Taking note of the provisions of the Assam Non-Government Educational Institutions (Regularisation and Management) Act, 2006, this Court concluded that no employee of a Non-Government Educational Institution shall be terminated, amongst other, without reasonable opportunity of being heard and without the matter being referred to the Managing Committee for its consideration and approval.

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5. The aforenoted writ petition was allowed by setting aside the appointments of the respondent Nos. 8 & 9 therein with a further direction to reinstate both the petitioners to the posts of Assistant Teachers in Angolguri Garo Medium L.P. School within a period of one month from the date of receipt of a copy of the aforesaid order.

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6. As recorded hereinabove, said writ petition was filed in the year 2011 alleging action of the respondents therein pertaining to the year 2009.

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7. It is brought on record by way of an affidavit filed by the respondent/contemnor No. 4 that during the pendency of said writ petition and prior to passing of the order dated 09.04.2014 (supra), the service of the

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respondent No. 4 was provincialised as Assistant Teacher in terms of the Assam Venture Educational Institution (Provincialisation of Services) Act, 2011, as amended in 2012.

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8. Such fact was not brought before the Co-ordinate Bench in the proceeding of said writ petition or at the time of delivery of the order dated 09.04.2014 (supra).

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9. Thus, what is seen is that the order dated 09.04.2014 (supra), cannot be complied at this stage. The Managing Committee of a provincialised school is not under duty to comply with the order inasmuch as the action challenged was of the Managing Committee of a Venture School, concerning teachers at the venture stage. However, during the pendency of the writ proceeding, the character of the school has been changed to a Government school led by Managing Committee constituted under the extant norms and the service of the respondent No.4 was provincialised.

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10. Therefore, at this stage, the aforesaid order dated 09.04.2014 (supra), cannot be complied with.

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11. Accordingly, the present contempt petition stands closed.

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JUDGE

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Comparing Assistant

Gelwindro Momin and Anr. v. Abdur Rezzaque and 7 Ors.

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Gelwindro Momin and Anr. v. Abdur Rezzaque and 7 Ors.

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