MD. MAINUL ISLAM Vs. STATE OF ASSAM AND 6 OTHERS
HIGH COURT OF GAUHATI
Md. Mainul Islam
State Of Assam And 6 Others
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SUMAN SHYAM,J. -
(1.) Heard Mr. P.K.Deka, learned counsel for the petitioner. I have also heard Mr. N. Sarma, learned Standing Counsel, Elementary Education Department, Assam, appearing for respondent nos. 1 to 5. Ms. S. Sarma, learned counsel appears on behalf of respondent no. 6. None appears for respondent no. 7.
(2.) By filing this writ petition, the order dated 05/02/2014 issued by the respondent no.1 i.e. the Commissioner and Secretary to the Government of Assam, Education (Elementary) Department has been put under challenge. There are two schools functioning in the name and style "No. 2 Lacharibori L.P. School" in the village Lacharibori under Mayang Education Block. The core dispute in this proceeding pertains to the competing claim of the two factions, one headed by the writ petitioner herein and the other by the respondent no. 7, as to the legacy of the original school. On the said factual dispute, this is the third round of litigation and according to the writ petitioner, the matter is yet to be conclusively resolved.
(3.) The writ petitioner herein, who is heading one of the factions had earlier approached this Court by filing WP(C) No. 4557/2011, which was disposed of by the order dated 08/02/2012 passed by this Court, directing the Director of Elementary Education, Assam to decide the issue taking note of all relevant facts and the inquiry report which might be submitted by the District Elementary Education Officer, Nagaon. In terms of the order dated 08/02/2012, the respondent no. 2 i.e. the Director of Elementary Education had passed the order dated 19/06/2012 holding that the "No. 2 Lacharibori LP school" headed by the writ petitioner herein along with Md. Abdul Jalil, is the original one.;
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