High Court
Case Details
WP(C) 1869/2009 BEFORE HON’BLE MRS. JUSTICE ANIMA HAZARIKA JUDGMENT & ORDER (ORAL) The instant writ petition has been filed praying for setting aside and q uashing the order dated 4.8.2008 passed by the Commissioner and Secretary to the Govt. of Assam, Education (Elementary) Department, vacating the order dated 22. 9.1980 whereby the provincialisation order dated 11.6.1980 of Kaimari ME Madrass a headed by Shri Ramjan Ali Mandal was kept in abeyance, with a further prayer t o appoint the petitioners in place of respondent Nos.5 and 6 by giving effect to the provincialisation order dated 11.06.1980 with all service benefits. 2.
Legal Reasoning
Heard Mr. A Maleque, learned counsel for the petitioners. Also heard Mr. FU Borbhuiyan, learned counsel appearing for respondent Nos. 5 and 6 and Ms. P Bhattacharjee, learned Standing Counsel, Education Department, Assam for respond ent Nos.1, 2 and 3. None appeared for respondent No.4.
Decision
3. The petitioner’s case in brief is that the local people of Kaimari have established Kaimari ME Madrassa (School for short) in 1970 at village Kaimari. D epartmental permission to the school was granted in 1972. The school was run by the Managing Committee by appointing teachers on honorary basis. The petitioner No.1 was appointed by the Managing Committee as founder Arabic Teacher vide appo intment letter issued on 25.12.1971. Accordingly, the petitioner No.1 joined in the school on 01.01.1972. The petitioner No.2 was also appointed as Grade IV by the Managing Committee of the School. In the meantime, the school was recognized by the government by issuing recognition order. Thereafter, the Government of A ssam, Education Department by an order/letter No.GMSC.31/80/80/ dated 11.06.1980 provincialised Kaimari ME Madrassa w.e.f. 1980 with the staff including the pet itioners. However, dispute arose regarding provincialisation of the school and h ence provincialisaton order was not given effect to and the same was kept in abe yance vide order dated 22.09.1980. When the matter rested as thus, the Managing Committee of the School filed a writ petition being Civil Rule No.5017/1995 pray ing for implementation of the provincialisation order issued by the Government. This Court vide order dated 14.08.1997 disposed of the writ petition directing t he authorities to consider the grievance raised in the writ petition. Again anot her writ petition being Civil Rule No.5742/1997 was filed by Ramjan Ali Mandal, Headmaster of Kaimari ME Madrassa praying for a direction to the authority to gi ve effect to the provincialisation order of the School headed by him and that th e School headed by Saiful Islam Ahmed is not the real school where the petitione r was serving. This Court vide order dated 11.4.2000 disposed of the writ petiti on by directing the Government to ascertain as to which is the real school and t hen to proceed in accordance with law. Accordingly, as directed by this Court, t he District Elementary Education Officer (’DEEO’ for short), Dhubri constituted an enquiry committee vide order dated 23.04.2003 to enquire into the matter of f inding out the original Kaimari ME Madrassa under Agomani Educational Block with the following members: 1. Smti Irani Chakraborty B.E.E.O, Golakganj. 2. Shri Ibrahim Ali Sarkar B.E.E.O, Agomani. 3. Shri Bipuljit Barman B.E.E.O, Gauripur. : : : Chairman Member Member 4. The enquiry Committee so constituted enquired the matter and during the enquiry, the enquiry Committee had gone through the records of both the schools. After examining the entire records in details the Committee found the following : (cid:28)Originally there was one school by name Kaimari ME Madrassa, however, at presen t, two schools are functioning in the name and style of Kaimari both claiming to be the original one in the compound of 272 No. Chatam LP School at village Kaim ari, Pt.II. The school building measuring 65 feet x 15 feet is constructed with CI sheet roofing. (cid:29) The findings of the enquiry revealed as follows: (cid:28)i) The present staff position of the Kaimari ME Madrassa headed by Shri Ramjan Ali Mandal was 8 including the Headmaster, teachers and other non-te aching staff. ii) fore provincialisation in the year 1979. The total land area of the ME Madrassa is 3 (three) Bighas registered be iii) The total land of the area of the Kaimari ME Madrassa headed by Saiful Ali Ahmed is 2 (two) bighas registered in the year 1993 i.e. after provin cialisation of the Madrassa. iv) school headed by Ramjan Ali Mandal was found as follows;- On the day of visit of the Enquiry Committee classwise enrolment of the V(A)=24/31, V(B)=21/30, VI=20/35 and VIII=14/24. v) From the Attendance Register produced before the enquiry committ ee of the school headed by Saiful Ali Ahmed as per class wise enrollment it was found as follows;- But on the date of the visit of the Committee at 11.30 A.M. on 10.05.200 3 which was a working day, the Committee found not a single student present in t he school. Class V= 30, VI= 30 and VII= 31. vi) The fact that Shri Ramjan Ali Mandal, the original Headmaster co ntinued to serve as Headmaster in the original school was confirmed by the then President of the school as well as by the department also. Shri Ramjan Ali Manda l has produced the following original documents: Recognition order of the school. (i) N.S.C. (ii) Provincialisation withheld order. (iii) (iv) Seizure list of documents seized by M.Ali Bepari, S.I. of School, Agoman i. (v) All the copies of inspection report of D.I/Addl. D.I/ S.I.S/ DEEO/ BEEO inspected time to time. On the other hand, Shri Saiful Ali Ahmed could produce only some documen ts. (cid:29) 5. After thorough enquiry, the Committee found that the main Kaimari M.E. M adrassa was the original Kaimari ME Madrassa and hence, recommended for restorat ion of the provincialisation of the Kaimari ME Madrassa headed by Shri Ramjan Al i Mandal and to sanction posts of all the existing teachers and non-teaching sta ff including the post of additional teacher, considering their sacrifice for the cause of education. Accordingly, after receipt of the aforesaid enquiry report submitted by 6. the Enquiry Committee, in compliance of the order dated 11.4.2000 passed by this Court while disposing of the CR No.5742/97, the Commissioner and Secretary to t he Govt. of Assam, Education, Elementary Department vide order dated 04.08.2008 passed a speaking order. Relevant portion of which is quoted hereinbelow: (cid:28) & &. In view of the facts stated above and on the basis of enquiry report submit ted by the Enquiry Committee, the order passed to keep the provincialisation of Kaimari ME Madrassa headed by Shri Ramjan Ali Mandal in abeyance vide No.ESS 49/ 73/510 dated 22.09.80 is hereby vacated &.. (cid:29) 7. I have heard the learned counsel appearing for the parties at length. Pe rused the materials available on record including the enquiry report submitted b y the Committee as well as the speaking order passed by the respondent No.1, i.e ., the Commissioner and Secretary to the Govt. of Assam, Department of Education (Elementary), Assam. I find no illegality or arbitrariness in passing the impu gned speaking order dated 4.8.2008. 8. In view of the above and in the facts and circumstances of the case, I f ind no merit in the instant writ petition and the same is, accordingly, dismisse d. 9. No order as to costs.