MUJIBUR RAHMAN AND OTHERS Vs. THE STATE OF ASSAM AND OTHERS
LAWS(GAU)-2018-1-120
HIGH COURT OF GAUHATI
Decided on January 05,2018

Mujibur Rahman And Others Appellant
VERSUS
The State Of Assam And Others Respondents

JUDGEMENT

ACHINTYA MALLA BUJOR BARUA,J. - (1.) Heard Mr. K. Uddin, learned counsel for the petitioners, Mr. N. Sarma, learned Standing Counsel for the Secondary Education Department as well as Ms. S.P. Hussain, learned counsel appearing for the respondent Nos. 6 to 15.
(2.) The petitioners Nos. 1 to 9 claim to be the teaching and non teaching staffs of Kankharchak Pre-Senior Madrassa, Taltola in the district of Karimganj. The petitioners Nos. 10 to 19 are the villagers of the locality of the said Madrassa, who claim to have established the Madrassa for imparting education to their children. Out of the petitioner Nos. 10 to 19, some of them are also the guardians, whose sons and daughters are presently being imparted education in the concerned Madrassa.
(3.) The petitioners state that their services were provincialised by an order dated 27.12.2013 under the Assam Venture Madrassa Educational Institution (Provincialisation of Services) Act, 2011 and since then they are discharging their duties to the satisfaction of all concerned. The petitioners rely upon an enquiry report dated 02.02.2000 as well as an order of recognition dated 17.01.2001 to establish that the concerned Madrassa in which they are working, is the original Madrassa and it was established sometime in the year 1996. In paragraph-6 of the writ petition, it is stated that the then Secretary of the Madrassa Sri Jamal Uddin without the knowledge of the local people and for his own personal interest, had managed to shift the Kankharchak Pre-Senior Madrassa from village Taotola to village Bagbari, which is located at a distance of about 10 km. It is stated that the said shifting was managed by showing certain false recommendations of the then Parliamentary Secretary and also by showing certain false particulars of lands etc. Thus started a dispute between the petitioners and the respondent Nos. 6 to 19 as to which is the original Madrassa.;


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