MC(WPC)/99/2026 of Rofiqul Islam Mondal and Anr Vs SOFIQUL ISLAM on 25 March 2026

1. Shri Rofiqul Islam Mondal, S/o (L) Joynal Mondal, Resident of Shymding P.S. Phulbari, West Garo Hills, Meghalaya.

2. Shri Esmatur G. Momin, S/o (L) Abdul Jobbar Sarkar, R/o Bholarbhita, P.S. Phulbari, District West Garo Hills, Meghalaya.

…….. Applicants

- Vs-

1. Shri Sofiqul Islam, S/o Nazrul Islam R/o New Bhaitbari, Phulbari P.S.

2. State of Meghalaya, Represented by the Secretary to the Government of Meghalaya. Education Department, Shillong.

3. The Director School of Education & Literacy, Government of Meghalaya, Shillong,

4. The District School Education Officer, West Garo Hills, Tura, Meghalaya.

5. The Principal,

J.N. Higher Secondary School, Phubari, West Garo Hills District, Meghalaya.

6. The School Managing Committee, J.N. Higher Secondary School, Phulbari, West Garo Hills District, Meghalaya.

7. Smti. Ruchi Kumari, R/o Phulbari, P.S. Phulbari, District West Garo Hills, Meghalaya.

8. Shri Abdul Hakim, Resident of P.S. Phulbari, District West Garo Hills, Meghalaya

9. Smti Abida Hussain, Resident of P.S. Phulbari, District West Garo Hills, Meghalaya.

……… Opp. Parties

Coram:

Hon’ble Mr. Justice W. Diengdoh, Judge

Appearance: For the Petitioner/Appellant(s) : Mr. M.L. Nongpiur, Adv.

Ms. R. Fancon, Adv.

For the Respondent(s)

: Mr. N.D. Chullai, with

Ms Ze.E. Nongkynrih, GA for R/1-3

Mr. M.U. Ahmed, Adv for R/ 6&7

Mr. S. K. Hassan, Adv for R/9&10

i) Whether approved for reporting in

Yes/No

Law journals etc.: ii) Whether approved for publication in press:

Yes/No

JUDGMENT AND ORDER (ORAL)

This application has been filed by the applicant herein who are the respondent Nos. 6 & 7 in the main petition.

It is the submission of the applicant that this Court vide order dated 20.11.2023 passed in the Main case i.e. WP(C) No. 425 of 2022 has closed the opportunity for filing the counter affidavit by such respondent.

This has caused prejudice to the case of the respondent/applicant herein and as such, prayer is made in this petition to modify the said order and to allow the applicant/ respondent herein to file their counter affidavit. There is no strong opposition to this prayer by the petitioner or any of the respondent herein, for end of justice, this Court is of the considered opinion that the prayer made be allowed.

Accordingly, this petition is hereby allowed. The order dated 10. 07. 2023 is hereby modified to the extent that it shall now be relevantly read as “Filing of Counter Affidavit on behalf of the respondent Nos. 6 & 7 is allowed”. Let the said counter affidavit be filed definitely within the next date fixed.

Petition is disposed of.

Judge Meghalaya 25.03.2026 “Khraw”

Digitally signed by KHRAWDAPBOR BUHPHANG Date: 2026.03.26 17:44:02 IST Signature Not Verified