Extracted from the PDF above. The PDF is authoritative.
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Serial No.01 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG
WP(C). No. 264 of 2020
Date of Decision: 03.06.2026
Shri. Nurul Amin, S/o. Shri. Abdul Ali, R/o. Village Khetadhowa, P.O. Bhaitbari, P.S. Phulbari, West Garo Hills District, Meghalaya.
…Petitioner
-Versus-
1. State of Meghalaya Represented by Commissioner and Secretary, Education, Shillong.
Cum State Project Director, SSA, SEMAM, Government of Meghalaya, Shillong.
2. District Mission Coordinator, SSA Tura, West Garo Hills District, Meghalaya.
3. Joint District Mission Coordinator, SSA Dadenggre, West Garo Hills District, Meghalaya.
4. Smti. Shobuza Begum, Khetadhowa S.S.A. U.P. School P.O. Bhaitbari, P.S. Phulbari, West Garo Hills District, Meghalaya.
…Respondents 2023:MLHC:1156
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Coram:
Hon’ble Mr. Justice H.S.Thangkhiew, Judge
Appearance: For the Petitioner/Applicant(s) : Mr. P.T.Sangma, Adv.
Ms. G.Ch. Marak, Adv.
For the Respondent(s)
: Mr. N.D.Chullai, AAG with
Ms. S.Kh. Nongrum, GA for R 1-3.
Mr. S.Dey, Adv. for R 4.
i) Whether approved for reporting in
Yes/No
Law journals etc:
ii) Whether approved for publication
Yes/No
in press:
JUDGMENT AND ORDER (ORAL)
1. This matter has reappeared before this Bench on being remanded back vide order dated 23-10-2025, passed in WA. No. 36 of 2025. The learned Division Bench by the said order, was pleased to limit the issue on remand which is contained in paragraph 9 of the judgment which is reproduced herein below:
“9. In view of the paragraph 15(i) of the impugned
judgment which after accepting the report has directed proceeding to be initiated as per law against Shri. Nurul Amin and it is likely to visit the appellant with civil and criminal consequences, in our view, the appellant is entitled to respond to the said report before any decision could be arrived at against him in the writ proceeding. On the limited issue that the appellant was 2023:MLHC:1156
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entitled to an opportunity to file an exception affidavit to the enquiry report and to argue the matter in relation to the findings against him in the said report, we allow the appeal and set aside the impugned judgment only limited to the directions contained in paragraph 15(i). We make it clear that we have not gone into the merits of the enquiry report. The writ petitions [WP(C) No. 264 of 2020 and WP(C). No. 147 of 2022] are restored and to be heard afresh by the learned single judge confined to the findings against the appellant/writ petitioner.”
2. A perusal of the above quoted paragraph will show that the remand was on the basis of the earlier order of this Bench which had accepted an enquiry report and proceedings were directed to be initiated against the writ petitioner for which he had not been given adequate opportunity to represent against. As such, this Court today will examine this limited aspect.
3. Thus, this takes the Court to paragraph 15(i) of the order dated 24-11- 2023 which the writ petitioner has taken exception to. The said order dated 24-11-2023, passed in WP(C) No. 264 of 2020 and other connected writ petitions is also reproduced hereinbelow:
“HIGH COURT OF MEGHALAYA AT SHILLONG
WP(C) No. 383 of 2017 with WP(C) No. 264 of 2020 WP(C) No. 456 of 2021 WP(C) No. 460 of 2021 WP(C) No. 464 of 2021 WP(C) No. 119 of 2022 WP(C) No. 147 of 2022
Date of Decision: 24.11.2023
2023:MLHC:1156
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Smti. Nazila Begum
Vs. State of Meghalaya & Ors. Shri. Nurul Amin
Vs. State of Meghalaya & Ors. Shri. Joyan Ali
Vs. State of Meghalaya & Ors. Smti. Shobuza Begum & Anr. Vs. State of Meghalaya & Ors. Smti. Shobuza Begum & Anr. Vs. State of Meghalaya & Ors. The School Managing Committee, Vs. State of Meghalaya & Ors. Khetadhowa SSA UP School, Bhaitbari.
Vs. State of Meghalaya & Ors. Nurul Amin
Vs. State of Meghalaya & Ors.
Coram: Hon’ble Mr. Justice H. S. Thangkhiew, Chief Justice (Acting)
Appearance: In WP(C) No. 383 of 2017
For the Petitioner/Appellant(s) : Mr. S. Deb, Adv.
For the Respondent(s) : Mr. H. Abraham, GA
Mr. K.P. Bhattacharjee, GA
Ms. I. Lyngwa, GA(For R 1 & 2)
Ms. P. Agarwal, Adv. (For R 4). In WP(C) No. 264 of 2020
For the Petitioner/Appellant(s) : Ms. P. Agarwal, Adv.
For the Respondent(s) : Mr. H. Abraham, GA
Mr. K.P. Bhattacharjee, GA
Ms. I. Lyngwa, GA(For R 1-3)
Mr. S. Deb, Adv. (For R 4) In WP(C) No. 456 of 2021
For the Petitioner/Appellant(s) : Mr. S. Deb, Adv.
For the Respondent(s) : Mr. H. Abraham, GA
Mr. K.P. Bhattacharjee, GA
Ms. I. Lyngwa, GA(For R 1-6)
Mr. N. Syngkon, Adv. (For R 7 & 8). In WP(C) No. 460 of 2021
For the Petitioner/Appellant(s) : Mr. S. Deb, Adv. 2023:MLHC:1156
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For the Respondent(s) : Mr. H. Abraham, GA
Mr. K.P. Bhattacharjee, GA
Ms. I. Lyngwa, GA(For R 1-6)
Mr. N. Syngkon, Adv. (For R 7). In WP(C) No. 464 of 2021
For the Petitioner/Appellant(s) : Mr. S. Deb, Adv.
For the Respondent(s) : Mr. H. Abraham, GA
Mr. K.P. Bhattacharjee, GA
Ms. I. Lyngwa, GA(For R 1-6)
Mr. N. Syngkon, Adv. (For R 7 & 8). In WP(C) No. 119 of 2022 For the Petitioner/Appellant(s) : Mr. N. Syngkon, Adv.
For the Respondent(s) : Mr. H. Abraham, GA
Mr. K.P. Bhattacharjee, GA
Ms. I. Lyngwa, GA(For R 1 & 2)
Mr. S. Deb, Adv. (For R 3).
In WP(C) No. 147 of 2022
For the Petitioner/Appellant(s) : Mr. N. Syngkon, Adv.
For the Respondent(s) : Mr. H. Abraham, GA
Mr. K.P. Bhattacharjee, GA
Ms. I. Lyngwa, GA.
i) Whether approved for reporting in
Yes/No
Law journals etc.: ii) Whether approved for publication in press:
Yes/No
JUDGMENT AND ORDER
1. These matters where the common issue involves the service of the teachers of Khetadhowa SSA UP School, are being taken up and
disposed of by this common order and judgment. 2. The genesis of the controversy which has engulfed the school which has seen multiple and protracted litigation repeatedly before 2023:MLHC:1156
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this Court, with claims and counter claims which had become difficult to adjudicate, occasioned for an order of this Court dated 07.02.2023 to be passed, directing for a full-fledged enquiry to be instituted by the Commissioner and Secretary, Education Department. Pursuant to the said order, and after grant of extension of time, for completion of the enquiry, the report was submitted on 21st July, 2023. 3. Before adverting to the report, which is detailed and conclusive, it is relevant to note herein that, due to the disputes that have arisen, coupled with unauthorized and illegal actions of some of the players herein, both from the official side, as well as the teachers, the salaries of the rightful recipients amongst the teachers have been withheld. A case in point is WP(C) No. 383 of 2017, wherein the petitioner, who is a sanctioned teacher namely Smti. Nazila Begum, has not been paid her salary from the month of January 2021, till date. Subsequently, as it appears from the records, the operation of the account of the school was also suspended, as there was no valid school Managing Committee in existence. Further, the controversy became more pronounced and complicated due to the rival claims, as to who were the sanctioned teachers in the said school. 4. The enquiry report which has been furnished has however, clarified the issues in contention, and has shed light as to the nature of the controversy involved in the said school. In this context therefore, this Court finds it expedient and necessary to rely upon the same in the adjudication of these cases. 5. As per the report, the history of disputes between the teachers and the Managing Committee of Khetadhowa SSA UP School, involves three significant phases:- (i) First Phase – February 2010 - January 2017 (ii) Second Phase – February 2017 - 27th September, 2019 (iii) Third Phase – 28th September, 2019 - 5th February,
2021. 6.
In the First Phase, the school was brought under SSA in February 2010, and it was instructed by the District Mission Coordinator (DMC), that the school Managing Committee should be constituted, and three teachers, that is, (i) One Language teacher, (ii) One Science and Mathematics teacher, and (iii) One Hindi teacher with Diploma, was to be appointed. The same was done vide a Resolution dated 03.03.2010, and four teachers, were appointed 2023:MLHC:1156
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namely one Giasuddin Ahmed, as Head Teacher, Abdul Goffur Khan and Abdul Rafique as Assistant Teachers, and one Nurul Amin as Hindi Teacher. However, on the resignation of Shri. Abdul Goffur Khan, the Managing Committee appointed Smti. Nazila Begum as Language Teacher, and thereafter, on the resignation of the Head Teacher, Shri. Giasuddin Ahmed, Smti. Shobuza Begum, BSc was appointed as Head Teacher. It is to be noted that, all the teachers including Nurul Amin, had endorsed her appointment. 7. As the fulfillment of National Council for Teachers Education (NCTE) norms was made mandatory, the school Managing Committee of the school, in its meeting dated 06.04.2014, decided to give three years’ time to its teachers to acquire the said qualification. As per the meeting dated 03.05.2015, it was reported that, three teachers of the school, had fulfilled the required NCTE norms, and these were Smti. Shobuza Begum, Shri. Abdul Rafiq and Smti. Nazila Begum. As recorded in the enquiry report, Shri. Nurul Amin, failed to acquire the required qualification, to fulfil NCTE norms, during that period of time and was present in the meeting dated 03.05.2015, as a teacher representative, when all the decisions were taken. Thereafter, with the advent of the ‘Right of Children to Free and Compulsory Education’ (RTE), the permissible number of teachers as per SSA UP School norms was 3 in number, one for Language, one for Science and Mathematics, and one for Social Studies. 8.
The Second Phase, as per the report, then witnessed the origin of the controversy, as Shri. Nurul Amin, started claiming himself to be the Language Teacher, the Senior Most Teacher and also Head Teacher, from the year 2017. This it appears, was on the basis of a purported approval order issued by one Shri. T.S. Sangma, the then In-charge Joint DMC, who was not authorized nor empowered to issue the same. It is noted that, in this regard, a show-cause notice was issued to the said Thomas S. Sangma, on 29.10.2019, by the competent authority, for his illegal action. The controversy was then compounded due to the actions of another Joint DMC, namely Smti. Ela Begum Laskar, who then issued orders in favour of Shri. Nurul Amin, such as, by declaring him to be the Language Teacher, apart from the Senior most and Head Teacher. Thereafter, the Managing Committee with Smti. Shobuza Begum, as the ex-officio member convener, was also dissolved by Smti. Ela Begum Laskar, and a new Managing Committee with Nurul Amin, as ex-officio member convener, was approved. Though complaints were made, as to the illegal constitution 2023:MLHC:1156
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of the said Managing Committee, which was formed without a general public meeting being called, contradictory resolutions were passed by this Committee, which were approved by Smti. Ela Begum Laskar, in her capacity as Joint DMC. As recorded in the report, Shri. Nurul Amin, allegedly mis-appropriated school funds and also deducted the salary of Smti. Nazila Begum, which compelled her to file WP(C) No. 383 of 2017. In this period, another writ petition being WP(C) No. 30 of 2018, was also filed for dissolution of the Managing Committee, approved by Smti. Ela Begum Laskar, wherein Shri. Nurul Amin, was made the ex-officio member convener. 9. The Third Phase, in the sequence of events commenced with the State Project Director SSA Shillong, directing for a detailed enquiry about the irregularities in the school, on receipt of complaints vide order dated 28.09.2019, to ascertain the correct position.
In the said order, it was also directed that ample opportunity be given to all the stake holders, to file their claims and counter claims with relevant documents. On notices being issued, all concerned respondents except Nurul Amin replied, and who, even after 3 notices were issued, instead wrote to the DMC, asking for revocation of the notices, which on being refused, even wrote to the State Project Director, asking him to revoke the letter dated 28.09.2019, by which the enquiry had been ordered. The enquiry authority, that is, the DMC Tura, then as no replies were forthcoming, obtained all the relevant documents from the office of the Joint DMC, Shri. R.K. Hajong, whereafter, a detailed report was prepared and submitted to the State Project Director SSA, vide letter dated 06.02.2020. 10. As per the materials and the report, the DMC Tura, on the directions of the State Project Director SSA, then vide letter dated 02.03.2020, declared that the claim of Shri. Nurul Amin, as a Language Teacher, Senior Most Teacher and Head Teacher, was untenable, as compared to the claim of Smti. Nazila Begum, as Language Teacher, and Smti. Shobuza Begum as Head Teacher. However, the events took another twist, inasmuch as, Smti. Ela Begum Laskar, on assuming charge as In-charge DMC, once again, by an
order dated 13.05.2021, first kept in abeyance the enquiry report dated 06.02.2020, and also order dated 02.03.2020, passed by her predecessor, and subsequently passed an order dated 04.08.2021, nullifying the enquiry report and order dated 03.02.2020. It is noted that as per the report, the said enquiry report dated 06.02.2020, and
order dated 02.03.2020, as per the claim of Smti. Ela Begum Laskar, 2023:MLHC:1156
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was cancelled pursuant to the findings of a meeting allegedly conducted on 04.08.2021, which however, was found out to be false on an enquiry conducted by the Administrative Officer SSA(E), on directions from the State Project Director. 11. It is then seen that in this continuing saga, in the said school, amidst the intense litigation, as per the report, and which is evidenced by material documents, a forged document that is, a letter dated 13.05.2021, was annexed by Shri. Nurul Amin in WP(C) No. 119 of 2021, which was with regard to the term of the Managing Committee. This was then compounded by the same document being annexed by the State respondents, which however, when the same was detected was corrected by the Government Advocate, who in his letter dated 28.07.2022, stated that the same was done so inadvertently. 12. What can be gleaned from the report, on the facts as placed above, is that, the entire dispute had arisen from the time that Shri. Nurul Amin, claimed that he was the duly appointed Language Teacher and not Smti. Nazila Begum, and further, that being the founder teacher, was the Head Teacher and not Smti. Shobuza Begum. This Court, has thoroughly examined the enquiry report dated 21.07.2023, and all the supporting documents which have been annexed to the said report, on which the findings have been rendered. The findings concisely put are as below:-
(i) The root of the problem of the Khetadhowa SSA UP School, is because of the claim made by Shri. Nurul Amin, that he is the Head Teacher, being a founder Teacher, and that he is also the Language Teacher. This controversy came about, on account of the new NCTE norms, that they could be only one teacher each for Language, Social Science and Mathematics. (ii) When Smit. Nazila Begum, was appointed as a Language Teacher, and Smti. Shobuza Begum, as Science and Mathematics Teacher in 2010, Shri. Nurul Amin, never raised any grievance at that stage, and in fact, on merits has no case, as he was never appointed against the sanctioned posts. (iii) It is evident from the circumstances, that Shri. Nurul Amin, became active after the illegal approval order was granted by the then I/c Joint DMC, Shri. T.S. Sangma, and when subsequently Smti.
Ela Begum 2023:MLHC:1156
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Laskar, occupied the said post. He never responded to the enquiry to seek to establish his position. (iv) That Shri. Nurul Amin, allegedly was found to be embezzling SSA funds, and never took any steps to reply to the allegations and rather than reply chose to challenge the authority of the official, who had instituted the enquiry, which raised sufficient suspicion, as to his acts of commission and omission. The matter is all the more serious, as Nurul Amin, had even submitted fake documents to substantiate his claims. (v) Shri. Nurul Amin, failed to acquire the required qualification, to fulfill NCTE norms, and at that time, when the 3 teachers, were appointed against the sanctioned post namely Shobuza Begum, Abdul Rafique and Nazila Begum, he had attended the Managing Committed meeting held on 03.05.2015, and as a participant of the proceedings, was therefore party to all the decisions taken. (vi) From the records submitted, Shri. Nurul Amin, attended his duties in the school w.e.f. his date of joining from 05.03.2010 to June, 2017, and remained absent from his duty from July 2017 to 8th February, 2022, whereafter, he was terminated from service on 09.02.2021, no reply was given by him nor the charges rebutted. (vii) During the period, Shri. Nurul Amin, was the convener member, the salaries of Shobuza Begum and Nazila Begum were deducted in an unauthorized manner, which led them to file writ petitions before the High Court, which resulted in a situation, where salaries have not been paid to teachers, who are regularly attending to their duties in the school. (viii) With regard to the role of officials in the Education Department in complicating the matters, the role of Smti.
Ela Begum Laskar, in her capacity as Joint DMC and DMC, is questionable, as she has passed many arbitrary orders favouring Shri. Nurul Amin, and also her enquiry reports, appear to be suspect and not in
order. In the enquiry, she accepted that it was difficult for her to understand the rules. It is further remarked 2023:MLHC:1156
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in the enquiry report that, Smti. Ela Begum Laskar may be cautioned.
13. Apart from the findings indicated above, the report has also noted serious areas of concern that need to be addressed, such as, the manner of functioning of the Managing Committee and also the manner and method of selection and appointment of teachers.
14. The Commissioner and Secretary, Education Department Government of Meghalaya, Shri. P. Bakshi, IAS, as also his predecessor, Dr. B.D.R. Tiwari, it is noted, in the conduct of enquiry on several dates, had summoned all the stake holders, in the several cases that had been filed before this Court and they were also examined in person, apart from being allowed opportunity of being heard and also for submission of any final relevant documents. Relevant documents had been submitted including originals for the purpose of enquiry, which was relied upon, as also the submissions and statements made by all the teachers of the school, Head Teacher, members and Chairman of the School Managing Committee, officials of the Education Department and other litigant parties. School attendance registers, reports of earlier enquiries, conducted at various levels had also been examined, and as recorded on 22nd June, 2023, all litigants and concerned parties had made further statements, in addition to the earlier statements and documents apart from being subject to cross-examination on the submissions. In the considered view of this Court, the enquiry had arrived at the findings, as recorded in the report in a fair and transparent manner, wherein all the parties concerned were afforded adequate opportunity. In these circumstances therefore, the report is accepted in its totality, as also the suggestions given therein to finally give a quietus to the disputes in Khetadhowa SSA UP School, and to bring to a closure all the pending writ petitions before this Court, concerning the present dispute.
15. As such, without lingering or dwelling any longer, on the
facts, claims and counter claims of the parties individually, in these batch of writ petitions, the same are disposed of with the following directions: (i) As Shri. Nurul Amin, has been found not to be a teacher, occupying a sanctioned post, and terminated from service on 9th February, 2021, as per the Resolution of the same date, and further having 2023:MLHC:1156
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indulged in disruptive activities such as, filing of fabricated documents, which has dislocated the functioning of the school as recorded in the report, appropriate action as per relevant rules and in accordance with law, both civil and criminal shall be initiated against him, both by the Managing Committee, as well as, by the District School Education Officer, West Garo Hills, within a period of 8(eight) weeks, from the date of this order. (ii) Smti. Ela Begum Laskar, in her capacity as Joint DMC and DMC, having acted in a manner, which is prejudicial and damaging to the school, and the office she occupied, appropriate disciplinary proceedings shall be drawn up against her by the Director of School Education & Literacy, Government of Meghalaya, Shillong. (iii) As 3 teachers namely, Shobuza Begum, Shri. Abdul Rafique and Smti. Nazila Begum, are the rightful sanctioned teachers of Khetadhowa SSA UP School, all outstanding salaries and benefits is to be released to them immediately by the School Managing Committee. (iv) As the RTE norms are in place, the Managing Committee shall be constituted as per the said norms to be re-constituted every 2(two) years comprising of 75% of the members, from amongst parents or guardians of children studying in the school and 25% from elected members of the local authority, teachers of the school and local educationists. (v) All vacancies are to be compulsorily advertised by the School Managing Committee and eligible candidates be selected by way of test and interview. 16. Accordingly, as per the discussions and as ordered herein above, these writ petitions stand closed and disposed of. 17. The report dated 21.07.2023, is made part of the records. 18. A copy of this order to be furnished to Mr. H. Abraham, learned GA for necessary action. Sd/- Chief Justice (Acting)”
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4. In the backdrop noted above, therefore, this Court is to determine the issue finally as per the submissions which have been tendered by the parties. 5. Mr.
P.T.Sangma, learned counsel for the petitioner submits that in paragraph 15(i) of the judgment dated 24-11-2023, passed in WP(C). No. 264 of 2020 itself, reference has been made to a resolution of the Managing Committee dated 09-02-2021, by which he was terminated. His only submission is that a copy of the said resolution was never supplied to the writ petitioner, as such, he prays that due to non-supply of the resolution, proper reply could not be made by the writ petitioner. 6. Mr. N.D.Chullai, learned AAG assisted by Ms. S.Kh. Nongrum, learned GA for the respondents No. 1-3, has submitted that paragraph 15(i) of the judgment dated 24-11-2023, is not limited only to the question of the resolution, but the findings contained therein, have been revealed in the enquiry report, such as, the writ petitioner having indulged in disruptive activities, filing of fabricated documents which have dislocated the functioning of the School, for which this Court had recommended that appropriate action be taken against the writ petitioner. He therefore, submits that no cogent ground having been made out, the judgment dated 24-11- 2023, having not been interfered with by the learned Division Bench, except for the issue concerning paragraph 15(i), the instant writ petition be dismissed. 2023:MLHC:1156
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7. Mr. S.Dey, learned counsel appearing for the respondent No. 4 has submitted that the writ petitioner was a terminated Hindi teacher and the same was never put to challenge, and further, if the writ petitioner has any grievance against the enquiry, wherein a copy has been supplied to him, he was at liberty take appropriate action. He therefore, submits that at this late stage, the writ petitioner is not entitled to any relief as claimed. 8.
This Court having examined the judgment passed by the learned Division Bench and also the earlier proceedings that have transpired before this Court, notes that the central issue that had led to the enquiry report was due to the fact that this Court at that point of time in order to get to the root of the matter had directed for an enquiry to be conducted. At this stage it would be expedient to quote the relevant extract of the findings which are contained at page 13 to 17. “1. It is discernible that at the root of the problems of the Khetodowa SSA UP School is the claim made by Shri Nurul Amin that he is the Head teacher being the founder teacher and also the Language Teacher. This controversy erupted on account of new NCTE norms that mandated that in SSA School there could be only one Language Teacher, one Science and Mathematics Teacher and one Social Science Teacher. 2. When appointments were made initially after the School was brought under SSA in the year 2010 thereafter when Smti. Nazila Begum was appointed as a Language Teacher in the same year in place of Shri Abdul Goffur Khan, who resigned and later Smti. 2023:MLHC:1156
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Shobuza Begum as Science and Mathematics Teacher- cum-Head Teacher vice Shri. Giasuddin Ahmed, resigned, Shri. Nurul Amin never raised any grievance at that stage. Apart from putting up a claim much later Shri. Nurul Amin on merits has no case as he was never appointed against the sanctioned post. 3. Moreover, a challenge if any, should have been made by Shri. Nurul Amin while initial appointments took place about 7 (seven) years ago and not at a late stage, which if entertained will unsettle a settled position. From the circumstances, it can be clearly seen that Shri. Nurul Amin became active after he could manage an allegedly illegal approval order from I/c Jt.
DMC, Shri. Thomas S. Sangma and that when Smti. Ela Begun joined the post of Jt. DMC, SSA, Dadenggre. Further, it may be mentioned here for information that as records reveal, Shri. Nurul Amin never responded to any inquiry to establish his position other than the one conducted by Jt. DMC, Smti. Ela Begum. 4. It is also seen from records that Shri. Nurul Amin was found to be embezzling SSA funds and did not either take steps to reply to the allegations nor justified his course of action. His actions during his term as Convenor Member has further exacerbated the situation. At the same time, the SMC that terminated his services allowed him sufficient opportunity to reply and justify his alleged deeds of omission and commission. Rather than replying to the show causes issued to him by the then SMC, he chose to challenge the authority of the officials also who instituted inquiry and was non-cooperative in the inquiry proceedings thereby raising sufficient suspicions that his acts of omission and commission were brazen and against the rules. The act of submitting even fake documents to substantiate his claims makes the matter serious and does not leave any shadow of doubt that Shri. Nurul Amin has been desperate in his motives and his claims are unjustified. 2023:MLHC:1156
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5. The position of sanctioned post of Language Teacher also is clear upon perusal of the various resolutions of the SMC. Initially in 2010 when the posts were filled up, it is quite evident that Shri. Nurul Amin had filled up the said post as Hindi Teacher. However, subsequently Smt Nazilla Begum has joined as a Language Teacher and as per the SMC meeting dated 3rd May, 2015, it was reported that three teachers acquired and fulfilled the required NCET norms as follows:
Smti. Shobuza Begum, B.Sc., D.El.Ed passed. Shri. Abdur Rofique, B.A., D.El. Ed passed and
Smti Nazila Begum, B.A., D.El.Ed. passed.
It is clear that Shri. Nurul Amin failed to acquire the required qualification to fulfill NCTE norms during that period of time and it is a recorded fact that he had also attended the SMC meeting dated 3rd May 2015 as a teacher representative member of SMC when all these decisions were taken. As such, he was a participant of the SMC meeting and party to all the decisions taken. 6. It is therefore suggested that in the affairs of the Khetadowa SSA U.P. School, with regards to the position of the sanctioned post teachers only the following could be rightfully considered to be teachers appointed against sanctioned posts as follows; a) Smti. Shobuza Begum, B.Sc., D.El.Ed passed- Science and Mathematics teacher. b) Shri. Abdur Rofique, B.A.. D.El. Ed passed – Social Science teacher. c) Smti Nazila Begum, B.A., D.El.Ed. passed – Language teacher. The other teachers are non-sanctioned posts if any. 7. It has been seen from the records submitted that Shri. Nurul Amin has attended his duties in the School with effect from his date of joining i.e. 5th March, 2010 2023:MLHC:1156
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to June, 2017. He was absent from his duties with effect from July, 2017 to 8th February, 2021 when he was terminated from service on 9th February, 2021. The grounds of his termination was also laid out clearly as per resolution dated 9th February, 2021 on grounds of long unauthorized absence, misappropriation of salary grants, uniform grants and being non-responsive to the show causes issued to him by the SMC. At no point were this charges rebutted by Shri. Nurul Amin or replied to sufficiently. As such, his termination based purely on available records appears to be justified. 8. It is also seen that during the period where Shri Nurul Amin was the Convenor Member, the salaries of Smt Shobuza Begum and Smt Nazila Begum were deducted in an unauthorized manner also for which they had filed a case in the Hon’ble High Court seeking redressal.
Upon perusal of the records available such deduction was found to be unjustified and arbitrary and they are entitled to receive their salaries as per their entitlements.”
9. Without further prolonging the matter, and having made a fresh perusal of the enquiry report coupled with the limited challenge made by the writ petitioner as to non-availability of the resolution, this Court finds that the petitioner has not made out any case and is not entitled to any further relief. As such, the writ petition is accordingly disposed of. 10. It is expected that the earlier orders contained in the judgment dated 24-11-2023, passed in WP(C). No. 264 of 2020 should be complied with by the authorities. 2023:MLHC:1156
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11. Matter accordingly stands closed and disposed of. Judge
2023:MLHC:1156 Digitally signed by SAMANTHA ANNA LIYA RYNJAH Date: 2026.06.03 18:58:13 IST