Md. Turab Ali and 5 Ors v. The State of Assam and 4 Ors

ORDER Date : 23.06.2023

Heard Mr. A.R.Bhuyan, learned counsel for the petitioners. Also heard Ms. N.Phukan, learned standing counsel, Elementary Education for the respondent Nos. 1 and 3; Mr. J.Handique, learned standing counsel, Revenue Department for the respondent No.2 and Mr. G.Pegu, learned Govt. Advocate for the respondent Nos. 4 and 5.

¶2The petitioners before this Court are the legal heirs of Late Osman Ali, who have donated 1 bigha of land for establishment of Uttar Sapkati Prathamik Vidyalaya. Thereafter, the Commissioner & Secretary to the Government of Assam, Elementary Education Department issued a Notification dated 19th of December, 2017, merging 45(Forty Five) L.P. Schools with 42(Forty Two) L.P Schools of Morigaon district under the Scheme of 'Siksha Khetra'. In the said Notification, the petitioners' school namely, Uttar Sapkati L.P. School is merged with the Uttar Sapkati L.P. (E) School. Further in the terms and conditions of the said Notification dated 19th of December, 2017, Clause No.8 provides that the movable/ immovable property/documents/records of the merged school shall be vested in the name of the base (new) school. Being aggrieved, the petitioners are before this Court by way of the present writ petition.

¶3Clause-19 of the Office Memorandum dated 3rd of August, 2021, issued by the Secondary Education Department, Government of Assam provides that with regard to any disputes, the aggrieved Institution/public may appeal before the Page No.# 4/4 Government in the Secondary or Elementary Education Department.

¶4The learned counsel for the petitioner prays for a direction allowing the petitioners to file an appeal in terms of Clause-19 of the OM dated 3rd of August, 2021, before the appropriate authority.

¶5Accordingly, this writ petition is disposed of directing the petitioners to file an appeal under Clause-19 of the OM dated 3rd of August, 2021, before the Secretary, School Education Department, Government of Assam, within a period of 15 days from today. Thereafter on receipt of the appeal, the Secretary, School Education Department, Govt. of Assam shall consider the appeal and dispose of the same by a speaking order in accordance with law within a period of 2(two) months from the date of receipt of the appeal.

¶6With the aforesaid observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010137712023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3656/2023o MD.oTURABoALIoANDo5oORSo S/O-oLATEoOSMANoALI,oR/O-oVILL-oSAPKATI,oP.O.oDEWAGURI,oP.S.o LAHARIGHAT,oDIST.-oMORIGAON,oASSAM,oPIN-o782127 2:oMD.oAYUBoALI oS/O-oLATEoOSMANoALI oR/O-oVILL-oSAPKATI oP.O.oDEWAGURI oP.S.oLAHARIGHAT oDIST.-oMORIGAON oASSAM oPIN-o782127 3:oMD.oICHABoALI oS/O-oLATEoOSMANoALI oR/O-oVILL-oSAPKATI oP.O.oDEWAGURI oP.S.oLAHARIGHAT oDIST.-oMORIGAON oASSAM oPIN-o782127 4:oMD.oSURHABoALI oS/O-oLATEoOSMANoALI oR/O-oVILL-oSAPKATI oP.O.oDEWAGURI oP.S.oLAHARIGHAT oDIST.-oMORIGAON oASSAM oPIN-o782127 5:oMD.oMASUMoALI oS/O-oLATEoOSMANoALI oR/O-oVILL-oSAPKATI Page No.# 2/4 P.O. DEWAGURI P.S. LAHARIGHAT DIST.- MORIGAON ASSAM PIN- 782127 6: MD. MUSLEMUDDIN AHMED S/O- LATE OSMAN ALI R/O- VILL- SAPKATI P.O. DEWAGURI P.S. LAHARIGHAT DIST.- MORIGAON ASSAM PIN- 78212 VERSUS THE STATE OF ASSAM AND 4 ORS TO BE REP. BY THE SECY. TO THE GOVT. OF ASSAM, DEPTT. OF ELEMENTARY EDUCATION, DISPUR, GHY-06 2:PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPTT. 3:DIRECTOR ELEMENTARY EDUCATION DEPTT. KAHILIPARA GHY-19 4:THE DEPUTY COMMISSIONER MORIGAON ASSAM 5:THE CIRCLE OFFICER LAHARIGHAT REVENUE CIRCLE LAHARIGHAT MORIGAO Advocate for the Petitioner : MR. A R BHUYAN Advocate for the Respondent : GA, ASSAM Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR