Gauhati High CourtPage No.# 1/5 vs The State Of Assam And 13 Ors on 24 August, 2022Page No.# 1/5\n\nGAHC010158152022\n\n\n\n\n                       THE GAUHATI HIGH COURT\n  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)\n\n                           Case No. : WP(C)/5213/2022\n\n         MD. ADAM ALI AND 2 ORS.\n         S/O LT. PAYAJ UDDIN, VILL-KOKILA UTTARPARA, P.O.-KOKILA, P.S.-\n         ABHAYAPURI, DIST-BONGAIGAON, ASSAM\n\n         2: MD. TOMEZ UDDIN\n          S/O LATE ABDUL MOZID\n         VILL-KOKILA UTTARPARA\n          P.O.-CHAKLA\n          P.S.-ABHAYAPURI\n          DIST-BONGAIGAON, ASSAM\n\n         3: MD. ABDUR ROHIM\n          S/O LATE MANNAS ALI\n         VILL-KOKILA UTTARPARA\n          P.O.-CHAKLA\n          P.S.-ABHAYAPURI\n          DIST-BONGAIGAON, ASSAM\n\n         VERSUS\n\n         THE STATE OF ASSAM AND 13 ORS.\n         TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE\n         GOVERNMENT OF ASSAM, EDUCATION SECONDARY DEPARTMENT,\n         DISPUR, GHY-6\n\n         2:THE DIRECTOR SECONDARY EDUCATION\n         ASSAM, KAHILIPARA, GHY-19\n\n         3:THE DISTRICT LEVEL SCRUTINY COMMITTEE\n          BONGAIGAON, ASSAM\n         TO BE REPRESENTED BY ITS CHAIRMAN -CUM- DEPUTY\n         COMMISSIONER\n          BONGAIGAON\n          DIST-BONGAIGAON\n         ASSAM\n                                                      Page No.# 2/5\n\n\n4:THE INSPECTORS OF SCHOOLS\n BONGAIGAON DISTRICT CIRCLE\n DIST-BONGAIGAON\nASSAM\n\n5:THE EUNUS ALI HIGH SCHOOL\n KOKILA\n CHAKLA\n DIST-BONGAIGAON\nASSAM\nTO BE REPRESENTED BY ITS HEAD MASTER NAMELY MD. JOWAHAR ALI\nVILL-KOKILA UTTARPARA\n P.O.-CHAKLA\n P.S.-ABHAYAPURI\n DIST-BONGAIGAON\nASSAM\n\n6:THE MANAGING COMMITTEE OF EUNUS ALI HIGH SCHOOL\n KOKILA\n CHAKLA\n DIST-BONGAIGAON\nASSAM\nTO BE REPRESENTED BY ITS PRESIDENT NAMELY MD. JOYNAL ABEDIN\nVILL-KOKILA UTTARPARA\n P.O.-CHAKLA\n P.S.-ABHAYAPURI\n DIST-BONGAIGAON\nASSAM\n\n7:JOWAHAR ALI\n HEADMASTER\n\n8:RAKIBUL ISLAM\nASSISTANT TEACHER (SCIENCE)\n\n9:SANIARA KHATUN\nASSISTANT TEACHER (ARTS)\n\n10:ABDUR RAZZAQUE\nASSISTANT TEACHER (ARTS)\n\n11:MD. AZMAT ALI\nASSISTANT TEACHER (ARTS)\n\n12:MD. ABDUR RAHMAN KHAN\nARABIC TEACHER\n                                                                               Page No.# 3/5\n\n             13:MD. ROMEZ UDDIN\n              JUNIOR ASSISTANT\n\n             14:JAYEN UDDIN\n              GRADE IV\n\n             PRIVATE RESPONDENT NOS. 7 TO 14 ARE TEACHING AND NON-TEACHING\n             STAFF OF EUNUS ALI HIGH SCHOOL.\n\n             C/O HEADMASTER\n             EUNUS ALI HIGH SCHOOL\n             VILL-KOKILA UTTARPARA\n             P.O.-CHAKLA\n             P.S.-ABHAYAPURI\n             DIST-BONGAIGAON\n             ASSA\n\nAdvocate for the Petitioner : MR. A R BHUYAN\nAdvocate for the Respondent : SC, SEC. EDU.\n\n                                   BEFORE\n                  HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR\n\n                                         ORDER24th   August, 2022\n\n\n        Heard Mr. A.R. Bhuyan, learned counsel for the petitioners. Also heard Mr.\nR. Mazumdar, learned standing counsel, Secondary Education Department, for\nrespondent Nos. 1, 2, 4 and 5 as well as Mr. P. Saikia, learned Government\nAdvocate, appearing on behalf of the respondent No. 3.The present writ petition has been filed with the following prayers:"(A) set aside/quash the impugned order of provincialisation dated\n        22/10/2021 issued by the respondent No. 2 (Annexure-10) as regards\n        provincialisation of services of teaching and non-teaching staff of Eunus Ali High\n        School in the District of Bongaigaon, Assam;(B) direct/command the Respondents more particularly Respondent Nos.1 and 2 to dispose of the representations/appeals dated 17-12-2021 and 04-12-\n        2021 (Annexure-11 and 12) submitted by the petitioners;(C) direct/command the Respondents more particularly Respondent Nos.Page No.# 4/5\n\n     1 to cause an enquiry as regards the corruption as well as to initiate a criminal\n     proceeding under Section 16, 17 and 18 of the 2017 Act against the erring\n     officials involved in the process of provincialisation of the Respondent's\n     Institution."The same set of petitioners had earlier approached this Court by filing\nWP(C) No. 392/2021 with the following prayer:"In the premises of aforesaid it is prayed that your Lordship may\n     graciously be pleased to admit this writ petition, call for the records and issue\n     Rule, calling upon the Respondents to show cause as to why a writ in the\n     nature of Certiorari, Mandamus and/ or any other writ should be issued to: a)\n     set aside/ quash the process for provincialisation initiated by the State\n     Respondents in the Education Department, for the purpose of provincialisation\n     of services of employees of Eunus Ali High School; b) direct/ command the\n     State Respondents to take into account the Representations dated 26/08/2020\n     submitted by the Petitioners before the Respondents. c) direct/ command the\n     Respondents more particularly the Respondent no. 1 to cause an administrative\n     inquiry for the aforesaid corruption conducted by the State Respondents to take\n     over the land of the Petitioner for the purpose of provincialisation of services of\n     the employees of Eunus Ali High School in the district of Bongaigaon in violation\n     of provision of Section 3 of The Assam Education (Provincialisation of Services\n     of The Teacher and Re-Organization of Educational Institutions) Act, 2017;AND\n           Upon cause/ causes being shown by the respondents and on perusal of\n     records and hearing the parties be pleased to make the Rule absolute."This Court, after hearing the parties and considering the materials\navailable on record disposed of the WP(C) No. 392/2021 by judgment and order\ndated 25-08-2021. The relevant portion of the order reads as under:"13. Accordingly we do not find any merit in this writ petition and the writ\n     petition would require a dismissal.14. But however, as regards the claim of the petitioners for right, title and\n     interest over the land in question, the parties would be governed by any\n     decision that may be arrived at by the Civil Court in Title Suit No. 44/2019 or\n                                                                               Page No.# 5/5\n\n      any further proceeding that may be related thereto.15. We also make it clear that the dismissal of this writ petition or to that effect\n      any order of provincialisation if made by the Elementary Education Department,\n      Assam shall not be an additional ground in favour of the respondent no. 5\n      Eunus Ali High School in the civil suit between the parties for claiming their\n      respective right, title and interest over the land in question and such right, title\n      and interest would be confined to the respective claims of the parties in the civil\n      suit. Any decision by the Civil Court on the question of right, title and interest of\n      the parties would also be binding on the successors-in-interest of the\n      respondent no. 5 Eunus Ali High School, and the provincialisation if made would\n      have an effect on such decision by the Civil Court.16. Writ petition stands dismissed in the above terms.17. Interim order dated 28.01.2021 accordingly stands vacated."After hearing the parties in the present writ petition, this Court is of the\nconsidered opinion that the direction given in WP(C) No. 392/2021 by the\njudgment and order dated 25-08-2021, particularly, at paragraph 15, which has\nalready been extracted hereinabove, has already settled the issue demanded by\nthe petitioners in the present writ petition. No appeal or review has been filed\nagainst the judgment and order dated 25-08-2021.In that view of the matter, no relief can be granted to the petitioner and\nthe writ petition is accordingly dismissed.No cost.JUDGE\n\n\n\nComparing Assistant