Precedent

Gauhati High Court

CRP(IO)/282/2026 of MD JAMAL UDDIN AND 9 ORS. Vs MD MUJIBUR RAHMAN AND 16 ORS. on 5 October 2026

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GAHC010131082026 2026:GAU-AS:14917 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/282/2026 MD JAMAL UDDIN AND 9 ORS. SON OF LATE ABDUS SAMAD, VILLAGE- BAGBARI, PONGSANKAR, P.O.- BAGBARI (KALIGANJ BAZAR)- 788720, DISTRICT- SRIBHUMI, ASSAM

GAHC010131082026

2026:GAU-AS:14917

THE GAUHATI HIGH COURT

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

Case No. : CRP(IO)/282/2026

MD JAMAL UDDIN AND 9 ORS.

SON OF LATE ABDUS SAMAD, VILLAGE- BAGBARI, PONGSANKAR, P.O.- BAGBARI (KALIGANJ BAZAR)- 788720, DISTRICT- SRIBHUMI, ASSAM

2: MD. ZAKIR HUSSAIN

SON OF LATE ABDUS SAMAD

VILLAGE TALTOLA

P.O.- JANAKALAYAN BAZAR-788720

DISTRICT- SRIBHUMI

ASSAM

3: MD. ARSHAD HUSSAIN

SON OF JAMAL UDDIN

VILLAGE- BAGBARI

PONGSANKAR

P.O.- BAGBARI (KALIGANJ BAZAR)- 788720

DISTRICT- SRIBHUMI

ASSAM

4: MD. ABDUL JABBAR

SON OF JAMAL UDDIN

VILLAGE BAGBARI

PONGSANKAR

P.O. BAGBARI (KALIGANJ BAZAR)- 788720

DISTRICT SRIBHUMI

ASSAM

5: MD. ABDUL HASIB

SON OF LATE TASLIM ALI

VILLAGE THAMUA

P.O. SINGARIA BAZAR-788719

DISTRICT SRIBHUMI

ASSAM

6: MD. JAMIL AHMED

SON OF ABDUL JALIL

VILLAGE THAMUA

P.O. SINGARIA BAZAR-788719

DISTRICT SRIBHUMI

ASSAM

7: MD. ABDUL KASHIM

SON OF MOIN UDDIN

VILLAGE TALTOLA

P.O. JANAKALAYAN BAZAR-788720

DISTRICT SRIBHUMI

ASSAM

8: MD. NAYEEM UDDIN CHOUDHURY

SON OF RAHIM UDDIN CHOUDHURY

VILLAGE ROUTH GRAM

P.O. JANAKALAYAN BAZAR-788720

DISTRICT SRIBHUMI

ASSAM

9: MD. ALOM AHMED CHOUDHURY

SON OF ABDUL KHALIQUE

VILLAGE AND P.O. NILBAZAR

DISTRICT NAGAON

ASSAM

10: MD. ZAKIR HUSSAIN

SON OF LATE ABDUL KHALIQUE

VILLAGE HADARGRAM

P.O. KARIMGANJ-788711

DISTRICT SRIBHUMI

ASSA

VERSUS

MD MUJIBUR RAHMAN AND 16 ORS.

SON OF ABDUL KHALIQUE, VILLAGE- FATEPUR, P.O.- CHATOL-788720, DISTRICT- SRIBHUMI, ASSAM

2:MOINUL ISLAM

SON OF LATE AKLAS UDDIN

VILLAGE TALTOLA

(KANKARCHAK)

P.O. JANAKALAYAN BAZAR-788720

DISTRICT SRIBHUMI

ASSAM

3:SMTI RASHIDA BEGUM

WIFE OF ABDUL BASIT

VILLAGE DEWAKURI

P.O. LALARCHAK-788713

DISTRICT SRIBHUMI

ASSAM

4:MD. SAHAMIM AHMED

SON OF ROICH UDDIN

VILLAGE TALTOLA

P.O. JANAKALAYAN BAZAR-788720

DISTRICT SRIBHUMI

ASSAM

5:MD. SAD UDDIN

SON OF LATE INTAJ ALI

VILLAGE TALTOLA

P.O. JANAKALAYAN BAZAR-788720

DISTRICT SRIBHUMI

ASSAM

6:MD. MAYEEN UDDIN

SON OF LATE ISMAIL ALI

VILLAGE FATEPUR

P.O. CHATOL-788720

DISTRICT -SRIBHUMI

ASSAM

7:MD. KAMRUL ISLAM

SON OF LATE MAYAB ALI

VILLAGE - PUNNAGRAM

P.O. JAGANNATH-788709

DISTRICT SRIBHUMI

ASSAM

8:MD. SALIM UDDIN

SON OF ASHAID ALI

VILLAGE NAGARI (ILLASPUR)

P.O. BAROIGRAM-788723

DISTRICT SRIBHUMI

ASSAM

9:ON THE DEATH OF WAKIL AHMED

HIS LEGAL HEIRS

NAMELY

9.1:NAJMA BEGUM

WIFE OF LATE WAKIL AHMED

VILLAGE TALTOLA

P.O. JANAKALAYAN BAZAR-788720

DISTRICT SRIBHUMI

ASSAM

9.2:SHAKIBUL HASAN

SON OF LATE WAKIL AHMED

VILLAGE TALTOLA

P.O. JANAKALAYAN BAZAR-788720

DISTRICT SRIBHUMI

ASSAM

(BEING MINOR AND THEY ARE REPRESENTED BY HIS NATURAL

GUARDIAN

I.E. RESPONDENT NO. 9.1)

9.3:SALMAN HUSSAIN

SON OF LATE WAKIL AHMED

VILLAGE TALTOLA

P.O. JANAKALAYAN BAZAR-788720

DISTRICT SRIBHUMI

ASSAM

(BEING MINOR AND THEY ARE REPRESENTED BY HIS NATURAL

GUARDIAN

I.E. RESPONDENT NO. 9.1)

9.4:MD. ABDUL LATIF

SON OF LATE HASID ALI

VILLAGE TALTOLA

P.O. JANAKALAYAN BAZAR-788720

DISTRICT SRIBHUMI

(ERSTWHILE KARIMGANJ)

ASSAM

10:THE STATE OF ASSAM

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF ASSAM

EDUCATION DEPARTMENT

DISPUR

GUWAHATI-6

ASSAM

11:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM

EDUCATION DEPARTMENT

DISPUR

GUWAHATI-6

ASSAM

12:THE DIRECTOR OF SECONDARY EDUCATION

KAHILIPARA

GUWAHATI-19

ASSAM

13:THE DISTRICT SCRUTINY COMMITTEE

KARIMGANJ DISTRICT

(REPRESENTED BY ITS CHAIRMAN

THE ADDITIONAL DEPUTY COMMISSIONER

KARIMGANJ)

DISTRICT SRIBHUMI

(ERSTWHILE KARIMGANJ) ASSAM

14:THE DISTRICT ELEMENTARY EDUCATION OFFICER

P.O. AND DISTRICT KARIMGANJ

ASSAM

15:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM

FINANCE (SIU) DEPARTMENT

DISPUR

GUWAHATI-6

ASSAM

16:THE UNDER SECRETARY TO THE GOVT. OF ASSAM

FINANCE (SIU) DEPARTMENT

DISPUR

GUWAHATI-6

ASSAM

17:THE TREASURY OFFICER

KARIMGANJ

P.O. KARIMGANJ-788710

DISTRICT SRIBHUMI

ASSA

Advocate for the Petitioner : MR B MALAKAR, MR A HUSSAIN

Advocate for the Respondent : SC, SEC. EDU., MS S DAS(R1TO8,9.1),J M

SULAIMAN(R1TO8,9.1),MR F U BARBHUIYA(R1TO8,9.1),MR H R A

CHOUDHURY(R1TO8,9.1),SC, FINANCE,GA, ASSAM,SC, ELEM. EDU

BEFORE

HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

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ORDER

06.10.2026 Heard Mr. B. Malakar, learned counsel for the petitioners; Mr. F.U. Barbuiya representing respondent nos.1 to 9.4; Mr. T.R. Gogoi, learned Government Advocate for respondent nos.13 and 17; Ms. B. Deka, learned standing counsel for the respondent nos.10, 11 and 14 and Ms. R. Baruah, learned standing counsel for the respondent no.12.

2. The petitioners have filed this petition under Article 227 of the Constitution of India, being aggrieved by the order dated 27.04.2026, passed by the learned Additional District Judge cum Educational Tribunal, Sribhumi in connection with Education Tribunal Case No.1/2018, as the legal heirs of the deceased petitioner, namely, Wakil Ahmed, were substituted as plaintiffs in Education Tribunal Case No.1/2018.

3. It is submitted that there were two institutions and the services of the teachers of Khankarchak Pre-Senior Madrassa in Karimganj district have subsequently been provincialised.

4. It is further submitted that there is another school, namely, Taltola Khankarchak Pre-Senior Madrassa and employees of this school had challenged the provincialisation of Khankarchak Pre-Senior Madrassa.

5. After the challenge, this Court vide order dated 05.01.2018 in connection with WP(C) No.6324/2017, remanded the matter back to the Educational Tribunal. The order of this Court is marked as Annexure-8. This case is still pending in the Court of the learned Additional District Judge cum Educational Tribunal, Sribhumi. During the pendency of the said proceeding, after the matter was remanded back from this Court, the impugned order dated 27.04.2026 was passed.

6. I have considered the submissions of both the sides.

7. It is submitted that this is a service matter relating to Educational Tribunal. The legal heirs including father, brother, wife and children cannot be impleaded as a parties. Thereby, considering the submissions made at the Bar, the order dated 27.04.2026 is set aside.

8. As this is an old pending matter, the learned trial court is directed to make every endeavour to expedite the disposal thereof.

9. In terms of the above observation, this petition stands disposed of. JUDGE Comparing Assistant

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