IBRAHIM ALI AHMED Vs. STATE OF ASSAM AND 9 ORS
LAWS(GAU)-2018-12-53
HIGH COURT OF GAUHATI
Decided on December 11,2018

Ibrahim Ali Ahmed Appellant
VERSUS
State Of Assam And 9 Ors Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Mr. K. Bhuiyan, learned counsel for the petitioner. Also heard Mr. H.R.A. Choudhury, learned Senior Counsel for the respondent No.9, Mr. H. Ali, learned counsel for the respondent No.8, Mr. A.S. Ahmed, learned counsel for the respondent No.7 and Mr. M. Khataniar, learned counsel for the authorities under the BTC.
(2.) The petitioner was appointed as an Assistant Teacher (Arts) on 25.05.1984 as per the resolution No.2 of the Managing Committee of Uttar Gobardhana High School at Chunbari. The respondent No.9, on the other hand, was appointed as the founder Headmaster of the school and he had been functioning from 01.01.1983. In between the respondent No.9 had resigned from his service as the Headmaster of the school for participating in an election and accordingly, submitted resignation letter dated 15.03.2011 before the President of the Managing Committee of the school. The resignation tendered by the respondent No.9 was accepted by an endorsement dated 16.03.2011. Later on, as per the resolution No.1 dated 16.03.2011 of the Managing Committee of the school, the respondent No.9 was released from his post and in his place by the resolution No.2, the petitioner was allowed to be the In-charge Headmaster. Subsequently, by the resolution No.1 dated 27.03.2011 of the Managing Committee, the petitioner was promoted as the Headmaster and such appointment was approved by the Inspector of Schools, Baksa by his order dated 02.05.2011. Later on, by another resolution being resolution No.1 of the Managing Committee of the School dated 04.07.2011, the respondent No.9 was reinstated as the Headmaster of the school on a humanitarian ground. Subsequent thereto, by the order dated 11.07.2011 of the Inspector of Schools, Baksa, the respondent No.9 was allowed to act as the Headmaster and the period from his date of resignation up to the resolution of the reinstatement i.e. from 16.03.2011 to 10.07.2011 was converted to an extraordinary leave.
(3.) In this writ petition, it is pointed out that thereafter by the order dated 12.08.2011 of the Inspector of Schools, Baksa, it was concluded that the Managing Committee resolution No.1 dated 04.07.2011, whereby, the respondent No.9 was reinstated was not as per law and accordingly, by referring to an interim order of this Court in WP(C) No.5409 of 2011 dated 28.06.2012, the petitioner was allowed to continue as the Headmaster of the school. In the resultant situation, the respondent No.9 along with the President of the Managing Committee of the school had preferred a writ petition i.e. WP(C) No.6418 of 2012, inter alia, seeking the relief that the acts done by the respondent No.9 as the Headmaster of the School be given its due recognition. The said writ petition was given a final consideration by the order dated 07.08.2014 inter alia providing that it having involved disputed questions of fact, the respondent No.1 therein i.e. the Commission Secretary to the Government of Assam, in the Secondary Education Department, to resolve the dispute as expeditiously as possible.;


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