AIRMARI SENIOR MADRASSA Vs. STATE OF ASSAM AND 3 ORS
LAWS(GAU)-2018-11-102
HIGH COURT OF GAUHATI
Decided on November 29,2018

Airmari Senior Madrassa Appellant
VERSUS
State Of Assam And 3 Ors Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Mr. Y.S Mannan, learned counsel for the petitioner and MR. A. Deka, learned Standing Counsel for the Secondary Education Department.
(2.) The petitioner Madrassa namely Airmari Senior Madrassa in the Dhubri district is said to have been established on 27.12.1996. When the consideration was required to be made as regards provincialisation of the said Madrassa under the Assam Venture Madrassa Educational Institutions Provincialisation of Service Act, 2011, an issue had arisen as to whether the concerned Madrassa had its recognition and permission from a date on or prior to 01.01.2006. While deliberating upon the said issue, the Secretary to the Government of Assam in the Secondary Education Department had passed an order dated 27.04.2016 which apparently was pursuant to an earlier order of this Court dated 19.06.2014 in WP(C) No.2991/2014.
(3.) In the said order, the Secretary had arrived at a finding that the permission and recognition was accorded to the concerned Madrassa up to the intermediate stage by the Director of Madrassa Education, Assam vide No.AMB/ACA/ASM/111/2007/466 dated 01.06.2012 with retrospective effect from 01.01.2002. But a conclusion was arrived that the said permission and recognition was granted by the Director of Madrassa Education, Assam without any reference to the State Madrassa Education Board. A further finding was arrived that permission and recognition up to F.M stage was also accorded by the Director of Madrassa Education, Assam vide Memo No.PMA(S)/157/2012/15 dated 16.08.2012 showing the date of recognition to be w.e.f.01.01.2003. But it was again concluded that the said permission and recognition was also granted without any reference of the State Madrassa Education Board. The Secretary further concludes that under the Assam Venture Madrassa Educational Institution Provincialisation of Service Act, 2011, under Section-4, the institution is required to get permission and recognition from the State Madrassa Education Board on or before 01.01.2006 in order to be eligible for provincialisation.;


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