Gauhati High Court
WP(C)/5753/2020 of MD. FAKHRUL ISLAM Vs THE STATE OF ASSAM AND 3 ORS. on 22 December 2020
GAHC010191672020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5753/2020 MD. FAKHRUL ISLAM S/O- LT. MD. RASMAN ALI, A R/O- VILL- EAST HAITORKHA, P.O. PATHARKANDI, DIST.- KARIMGANJ, ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS. TO BE REP. BY
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GAHC010191672020
THE GAUHATI HIGH COURT(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5753/2020
MD. FAKHRUL ISLAM S/O- LT. MD. RASMAN ALI, A R/O- VILL- EAST HAITORKHA, P.O. PATHARKANDI, DIST.- KARIMGANJ, ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS. TO BE REP. BY THE COMM. AND SECY. ASSAM EDUCATION TO THE SECONDARY DEPTT.
2:THE DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA GHY-193:THE INSPECTOR OF SCHOOLS KARIMGANJ DISTRICT CIRCLE DIST.- KARIMGANJ ASSAM4:ABUL HUSSAIN MD. LUQMAN LECTURER ASIMIA TITLE MADRASSA P.O. KANAI BAZAR DIST.- KARIMGANJ ASSAM PIN- 78872
Advocate for the Petitioner : MR A R BHUYAN
Advocate for the Respondent : SC, SEC. EDU.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
Date : 22-12-2020
ORDER
Heard Mr. AR Bhuiyan, learned counsel for the petitioner. Also heard Ms. P Chakraborty,learned counsel for the Secondary Education Department, Government of Assam and Mr. MKhan, learned counsel for the respondent No.4 Abul Hussain Md. Luqman.
2. The petitioner was appointed as an M.M Assistant Teacher at Asimia Senior Madrassaand is presently serving as the Superintendent of the said Madrassa. The respondent No.4 isthe only Lecturer in the Asimia Title Madrassa. The earlier Principal of the Asimia TitleMadrassa Abu Md. Sufian retired from service on 30.11.2020 and at the time of hisretirement, he handed over the charge of Principal of the Asimia Title Madrassa to thepetitioner Md. Fakhrul Islam, who is infact the in-charge Superintendent of the Asimia SeniorMadrassa. There is a communication dated 10.12.2020 from the Director of SecondaryEducation Assam addressed to the Commissioner and Secretary to the Government of Assamin the Secondary Education Department which refers to certain allegations being raisedagainst the respondent No.4 Abul Hussain Md. Luqman by one Abdul Ahad, GeneralSecretary, Madrassa Education Development Association, Assam.
3. We are not interested in the nature of the allegation nor on the correctness andveracity of such allegation. What we take note of is that by the same communication dated10.12.2020, the Director had arrived at his conclusion that there is only one Lecturer in theAsimia Title Madrassa, whereas there are 20(twenty) numbers of teaching and non-teachingstaff in the Asimia Senior Madrassa and both the institutes are located in the same campus.Accordingly, a proposal was made that the Asimia title Madrassa and the Asimia SeniorMadrassa may be merged by treating the same as a special case.
4. Accordingly, the said proposal was sent by the Commissioner and Secretary to the Government of Assam by the communication dated 10.12.2020, but before any such decisioncould be taken by the Commissioner and Secretary, Secondary Education Assam, the orderimpugned dated 18.12.2020 was passed by the Director, Secondary Education Assam allowingthe respondent No.4 Abul Hussain Md. Luqman to be the Principal in-charge of the AsimiaTitle Madrassa.
5. Without expressing any view on the merit of either the petitioner to continue as the in-charge Principal or whether the Principal in-charge should be the respondent No.4 being theonly Lecturer of the Asimia Title Madrassa, we require the Commissioner and Secretary to theGovernment of Assam in the Secondary Education Department to bring a logical end to theproposal of the Director, Secondary Education Assam contained in the communication dated10.12.2020 and take a reasoned decision thereof. If the decision is in favour of the merger,the consequence thereof may follow and the in-charge Principal would be suitably decidedand on the otherhand, if the decision is not to go ahead with the merger, the respondentNo.4 Abul Hussain Md. Luqman, being the only Lecturer of the Asimia Title Madrassa beallowed to continue as the in-charge Principal. Till such a decision is taken by theCommissioner and Secretary, the order dated 18.12.2020 allowing the respondent No.4 to bethe in-charge Principal shall not be given its effect.
6. However, we require the Commissioner and Secretary to pass a reasoned order andtake a decision within a period of 7(seven) days from the date of receipt of a certified copy ofthis order.
7. We also require the Commissioner and Secretary to give a personal hearing torespondent No.4 Abul Hussain Md. Luqman to present his view on the matter and for thepurpose, the Commissioner and Secretary shall inform the respondent No.4, the date, timeand place of such hearing to be taken place.
8. Writ petition stands disposed of in the above terms.
JUDGE
Comparing Assistant