Gauhati High Court
Page No.# 1/7 vs The State Of Assam And 4 Ors on 12 January, 2021
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/7
GAHC010193012020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/53/2021
AKTARA BEGUM AND 23 ORS
W/O- ZAKIR HUSSAIN, R/O-HAIDUBI, P.S- BATADRAVA, DIST- NAGAON,
ASSAM. VICE PRESIDENT OF SCHOOL MANAGING COMMITTEE
2: NURUZ ZAMAL
S/O- LATE HAZRAT ALI
R/O- HAIDUBI
P.S- BATADRAVA
DIST- NAGAON
ASSAM. MEMBER OF SHOOL MANAGING COMMITTEE.
3: WAKIL UDDN
S/O-LATE AZIMUDDIN
R/O- RAMPUR SATRA
P.S- BATADRAVA
DIST- NAGAON
ASSAM. MEMBER OF SCHOOL MANAGING COMMITTEE
4: AIZUL HAQUE
R/O- HAIDUBI
P.S- BATADRAVA
DIST- NAGAON
ASSAM.
5: RUHUL AMIN
S/O- LATE ABDUL HASEN
R/O- HAIDUBI
P.S- BATADRAVA
DISTRICT- NAGAON
ASSAM.
6: FARIZUL ISLAM
S/O-ABDUL AZID
R/O-HAIDUBI
Page No.# 2/7
P.S- BATADRAVA
DISTRICT- NAGAON
ASSAM.
7: ABDUL KHALIK
S/O- LATE HASEN ALI
R/O- HAIDUBI
P.S- BATADRAVA
DIST- NAGAON
ASSAM.
8: ABDUL BAREK
S/O-SAMAR ALI
R/O- HAIDUBI
P.S- BATADRAVA
DIST- NAGAON
ASSAM.
9: ABU BAKKAR SIDDIQUE
S/O-ABDUL MAJID
R/O- HAIDUBI
R/O- RAMPUR SATRA
P.S- BATADRAVA
DIST- NAGAON
ASSAM.
10: KHURSED ALOM
S/O- ABUL KALAM
R/O- RAMPUR SATRA
P.S- BATADRAVA
DIST- NAGAON
ASSAM.
11: NAJIMUDDIN
S/O- ABDUL MUTALIB
R/O- HAIDUBI
P.S- BATADRAVA
DIST- NAGAON
ASSAM.
12: MAHAR ALI
S/O ABBUS ALI
R/O- RAMPUR SATRA
P.S- BATADRAVA
DIST- NAGAON
ASSAM
13: MAZID
Page No.# 3/7
S/O- LATE AKALIA SHEK
R/O- RAMPUR SATRA
P.S- BATADRAVA
DIST- NAGAON
ASSAM.
14: ABUL KALAM
S/O- LATE SAMAR ALI
R/O- RAMPUR SATRA
P.S.- BATADRAVA
DIST- NAGAON
ASSAM.
15: NAJRUL ISLAM
S/O- ABED ALI
R/O- RAMPUR SATRA
P.S- BATADRAVA
DIST- NAGAON
ASSAM.
16: ABU TALIB
S/O ABDUL KADIR
R/O- RAMPUR SATRA
P.S- BATADRAVA
DIST- NAGAON
ASSAM.
17: KHAIRUL ISLAM
S/O- ABDUL GONI
R/O- RAMPUR SATRA
P.S. BATADRAVA
DIST- NAGAON
ASSAM.
18: SANGSER ALI
S/O- ABBUS ALI
R/O- HAIDUBI
P.S.- BATADRAVA
DIST- NAGAON
ASSAM.
19: ASMINA KHATUN
W/O- LATE ABUL HUSSAIN
R/O- HAIDUBI
P.S. BATADRAVA
DIST.- NAGAON
ASSAM.
Page No.# 4/7
20: MAINUL HOQUE
S/O- LATE SAMSUDDIM
R/O- HAIDUBI
P.S. BATADRAVA
ASSAM.
21: AFAZ UDDIN
S/O- MAMUD ALI
R/O- RAMPUR SATRA
P.S. BATADRAVA
DIST.- NAGAON
ASSAM.
22: TAFAS UDDIN
S/O- MAMUD ALI
R/O- RAMPUR SATRA
P.S. BATADRAVA
DIST.- NAGAON
ASSAM.
23: NABI HUSSAIN
S/O- ABDUL ZABBAR
R/O- HAIDUBI
P.S. BATADRAVA
DIST.- NAGAON
ASSAM.
24: ABUL KALAM
S/O- ABDUL KARIM
R/O- HAIDUBI
P.S. BATADRAVA
DIST.- NAGAON
ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
DEPARTMENT OF EDUCATION (ELEMENTARY) DISPUR, GUWAHATI-06.
2:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19.
3:THE DISTRICT ELEMENTARY EDUCATION OFFICER
NAGAON
ASSAM.
Page No.# 5/7
4:THE BLOCK ELEMENTARY EDUCATION OFFICER
BATADRAVA
NAGAON
ASSAM.
5:SAFIQUL HOQUE CHOUDHURY
HEAD MASTER
C/O- BLOCK ELEMENTARY EDUCATION OFFICER
BATADRAVA
P.O. AND P.S. BATADRAVA
NAGAON
ASSAM
PIN- 782122
Advocate for the Petitioner : MR H GUPTA
Advocate for the Respondent : SC, EDU
Page No.# 6/7 BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 12/01/2021 Heard Mr. H Gupta, learned counsel for the petitioners. Also heard Mr. P N Sarma, learned Standing counsel, Elementary Education Department for the respondent Nos. 1 to 4.
Petitioner Nos. 2 and 4 are the members of the Managing Committee of Haidubi Rampur Satra Boys M.E. Madrassa in the Batadrava Education Block of Nagaon district and the rest of the petitioners are the guardians of the students of the said M.E. Madrassa.
The Director of Elementary Education, Assam partially modifying his earlier order under No. EMA/B284/2006/108 dated 30.10.2019 passed the impugned order under Memo No. EMA/B/284/2006/118 dated 22.01.2020 reposting the respondent No. 5 as the Headmaster of said Haidubi Rampur Satra Boys M.E. Madrassa. Earlier the Director of Elementary Education, Assam by his said order dated 30.10.2019, noted above, posted the respondent No. 5 at Singari M.E. Madrassa under Juria Education Block of Nagaon district, but as the said respondent was not allowed to join in it, he passed the impugned order.
The contentions of the petitioners are that the respondent No. 5 was found to be involved in massive corruption and irregularities with regard to financial matters and midday meal of the school where he worked earlier. Because of complaints against him, the Director of Elementary Education, Assam by the impugned order dated 22.01.2020 transferred and reposted him in said Haidubi Rampur Satra Boys M.E. Madrassa. The petitioners do not want such a teacher to be the Headmaster of their school for which they submitted a representation/complaint before the District Elementary Education Officer, Nagaon on 01.02.2020 requesting the authority not to allow him to join the said Haidubi Rampur Satra Boys M.E. Madrassa.
The petitioners also placed before the Court that their said complaint submitted before the District Elementary Education Officer, Nagaon was forwarded by the concerned DEEO, Nagaon to the Director of Elementary Education, Assam vide communication No. AS-40/Pt.-III/2010/49587 dated 16.03.2020. The said representation of the petitioners is still pending for disposal.
From the statement made by the petitioners at paragraph 4, it is seen that the respondent No. 5 was the Headmaster of Sonari Gaon M.E. School.
Page No.# 7/7 On the next date fixed, the Director of Elementary Education, Assam shall apprise the Court whether the DEE, Assam is empowered to transfer and post any Headmaster of provincialized M.E. School to any other provincialized M.E. Madrassa and/or M.V. and Senior Basic Schools within the same Sub-division or to another Sub-division of a district and if so, under what authority of law.
Further, on the date so fixed, the Director of Elementary Education, Assam shall also apprise the Court about the status of the representation of the petitioners dated 01.02.2020 submitted before the District Elementary Education Officer, Nagaon, noted above.
List this matter on 12.02.2021.
Till then (i.e., 12.02.2021), the parties to this proceeding shall maintain status quo as on today with regard to the post of Headmaster of Haidubi Rampur Satra Boys M.E. Madrassa, Nagaon.
Petitioners shall serve 3 (three) extra copies of this writ petition including the annexures appended thereto to Mr. P N Sarma, learned Standing counsel, Elementary Education Department during the course of the day obtaining necessary acknowledgments from him.
A copy of this order be furnished to Mr. P N Sarma, learned Standing counsel, Elementary Education Department during the course of the day for his necessary use.
JUDGE Comparing Assistant