Page No.# 1/10 GAHC010052662025 2025:GAU-AS:3171 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1506/2025 MOYNUL HOQUE LASKAR ALIAS MOINUL HAQUE LASKAR S/O- LATE ABDUL LATIF LASKAR, VILL.- APPIN PART-II, P.O. APPIN, P.S. LALA, DIST. HAILAKANDI, ASSAM, PIN- 788161. VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI-6. 2:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-6. 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER HAILAKANDI DIST. HAILAKANDI ASSAM PIN- 788151. 5:THE BLOCK ELEMENTARY EDUCATION OFFICER HAILAKANDI DIST. HAILAKANDI ASSAM PIN- 788151. 6:THE HEAD TEACHER Page No.# 2/10 404 NO. NABA SANTIPUR L.P. SCHOOL VILL.- DOLIDAHAR (NOYAGRAM) P.O. JANKI BAZAR DIST. HAILAKANDI ASSAM PIN- 788801. 7:MOINUL HOQUE LASKAR S/O- KUTUB ALI LASKAR VILL.- SIBUTTAR P.O. UJANKUPA DIST. HAILAKANDI ASSAM PIN- 788152 Advocate for the Petitioner : MR. S B LASKAR, MR. H A LASKAR,MR. A S TAPADER,MS D DUTTA Advocate for the Respondent : SC, ELEM. EDU, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 24-03-2025 Heard Mr. HA Laskar, learned counsel for the petitioner. Also heard Ms. S Chutia, learned counsel for the respondent Nos. 1 to 5. 2. No one appears for the respondent Nos. 6 & 7, as notice has not been issued till date. 3. The matter pertains to whether the appointment/accommodation order dated 23.09.2022 had been issued to the petitioner or the respondent No. 7. In the appointment/accommodation order dated 23.09.2022, the appointee’s name has been recorded as Moinul Haque Laskar. Both the petitioner and the respondent No. 7 claim to be the appointee in terms of the Page No.# 3/10 appointment/accommodation order dated 23.09.2022. The impugned order dated 30.10.2024 issued by the respondent No. 1 states that the appointment/accommodation order dated 23.09.2022 is not related to either the petitioner or the respondent No. 7. The same was accordingly cancelled. As such, the petitioner has put to challenge the impugned order dated 30.10.2024, on the ground that all the educational certificates of the petitioner bear the name Moynul Hoque Laskar. However, though the appointment/accommodation order dated 23.09.2022 names the appointee as Moinul Haque Laskar, the petitioner is the one to whom the said letter relates to. 4. The learned counsel for the petitioner submits that the order dated 30.10.2024 passed by the Secretary to the Government of Assam, Department of School Education, whereby it was held that the appointment/accommodation letter issued in the year 2022 in the name of Moinul Haque Laskar, neither belongs to the petitioner nor the respondent No.6 in WP(C) No.954/2023, should be set aside. He submits that the respondent No.1 who had passed the impugned order dated 30.10.2024 had not examined the documents submitted by the petitioner herein, who is Moynul Hoque Laskar. 5. Ms. S. Chutia, learned counsel for the respondent Nos.1-5, on the other hand, submits that there is no infirmity with the decision of the respondent No.1, who was to decide as to whether the appointment/ accommodation letter issued in the year 2022 was in relation to the petitioner herein or in relation to the respondent No.7, Moinul Hoque Laskar. She submits that the various documents that had been looked into by the authority and the issues that are being raised by the petitioner herein are all questions of fact which had been settled by the authorities. However, if the petitioner is still aggrieved by the Page No.# 4/10 decision of the authorities enumerated in the impugned order dated 30.10.2024 issued by the respondent No.1, the petitioner should approach the concerned Educational Tribunal. 6. I have heard the learned counsels for the parties. 7. The entire controversy is with regard to whether the beneficiary of the order dated 23.09.2022, accommodating the services of the L.P. School teacher was in relation to the petitioner herein, i.e., Moynul Hoque Laskar or to the respondent No.7, i.e., Moinul Hoque Laskar. The respondent No.7 had earlier approached this Court vide WP(C) No.954/2023 with regard to the above issue and this Court had taken note of the fact that the petitioner and the respondent No.7 had both presented a claim in respect of the appointment/accommodation order dated 23.09.2022, contending that the said order had been made in relation to them. As no clarificatory affidavit had been submitted by the State respondents, this Court had directed the Director of Elementary Education to examine the issue, on the basis of the available record and to identify the actual beneficiary of the appointment/ accommodation order dated 23.09.2022, which states as follows:- “In exercise of power conferred upon the Director of Elementary Education, Assam vide the Govt. letter No. B (3) S 427/2001/3 dated 04/01/2002 and in pursuance of the Govt approval communicated vide No. ΑΕΕ. 158/2022/529 deted-01/09/2022 and subject to production of physical fitness certificate from concerned Joint Director of Health Services, the following candidate is hereby accommodated as Tutor in LP/UP School on purely temporary basis in the Fixed wages @Rs. 10,800/- PM under the Deputy Inspector of Schools/District Elementary Page No.# 5/10 Education Officer, concerned of Hailakandi District with effect from 01/11/2020. The appointment is purely temporary and liable to be terminated without assigning any reason thereof, if any kind of fraudulence regarding the credentials submitted by the appointee is established by appropriate authority at any point of time in future. The appointee will have to join in his/her place of posting within 7 days from the issue of this order. Sl. No. District Name of the Appointee Name of School HAK-27 Hailakandi Moinul Haque Laskar 44 Nabo Santipur LP School The post against which the appointee is accommodated as tutor is purely personal in nature and will cease to exist as and when the incumbent retires from service or expires. This appointment is issued with concurrence of the Finance EC(III) Department vide U/O No. 249/2021 dated 11/02/2021 and Finance (SIU) Department dated 17/02/2021, which is communicated vide Govt. letter No. AEE 156/2022/529 deted-01/09/2022. The accommodation order will take effect from 01/11/2020 only and he/she cannot claim any benefit whatsoever in respect of past services rendered by him/her prior to 01.11.2020. The appointee shall also have to furnish an undertaking at the time of joining as "i....(Name), appointed as... (Designation) in... Department of Government of Assam do hereby undertake that, neither I Page No.# 6/10 nor any member of my family is currently avalling benefits under Orunodoi scheme." The expenditure for Tutor of Lower Primary School will be debitable under the Head of Accounts, "2202- General Education- 01-Elementary Education-101 Government Primary Schools-0166-Govemment Primary School- 000 (No Sub Sub Head)-02-Wages-99-Others (EE)” 2022-23. The expenditure for Tutor of Upper Primary School will be debitable under the Head of Accounts, "2202-General Education-01- Elementary Education-101 Govemment Primary Schools-0165- Government Middle School-000 (No Sub Sub Head)-02-Wages-99-Others (EE)” 2022-23. Page No.# 5/7 The identity of the incumbent should be strictly ascertained in coordination with the head of the institution prior to joining in the post. The prevention of misrepresentation by any person shall be sole responsibility of concerned BEEO.” 8. This Court in it’s order dated 07.12.2023 passed in WP(C) No.954/2023 also stated that on such identification being made, the actual beneficiary shall be given all the requisite service benefits w.e.f. the date of issuance of the order dated 23.09.2022. 9. Pursuant to the order dated 07.12.2023 passed in WP(C) No.954/2023, the respondent No.1 has passed the impugned order dated 30.10.2024. 10. A perusal of the impugned order shows that a hearing was conducted by the concerned authority, wherein the petitioner herein and the respondent No.7 were given an opportunity of being heard. The authority thereafter came to a finding that the appointment/ accommodation order dated 23.09.2022 had not been made in relation to the petitioner or the respondent No.7 and Page No.# 7/10 consequently, the appointment/accommodation order dated 23.09.2022 was cancelled. The operative portion of the impugned order dated 30.10.2024 is reproduced hereinbelow as follows:- “To arrive at a judicious conclusion, a hearing was conducted in the office chamber of the undersigned on 24.09.2024 which was attended by the petitioner, the respondent no.6, the Head Teacher of 404 No. Nabasantipur LP School along with the officials of the Department of School Education. Subsequently both the incumbents gave their written statements along with the Head teacher of 404 no. Nabasantipur LPS. · During the hearing none of the incumbents could produce any document related to salary receipt or training certificate, on the basis of which accommodation of Tutor was given based on the Cabinet memorandum related to illegal /Irregular teacher. · As per available scrutiny report of DEEO, Hailakandi, against the name Moinul Haque Laskar, it is written as salary received from 01/04/1995 to 30/04/1995 and against training record it is shown as D.El.Ed training. · It is seen from the records available with the petitioner as well as respondent number 6,that there is indeed an appointment letter NO EAA/B/Hailakandi /65/2021/191 dated 23rd September / 2022 issued in the name of Moinul Haque Laskar in 44 nabo santipur Lp school. Both of them are claiming to be "Moinul Haque Laskar". · The HT, 404 no. Nabasantipur LPS, Jyostna Rani Sinha has given a written statement wherein she has stated Moynul Haque Laskar s/o Haji Abdul Latif (Respondent number 6) had joined in Page No.# 8/10 the school in the year 1995 and again rejoined as Tutor in the year 2022 and discharging his duty till date But Moinul Haque Laksar (petitioner)is totally unknown to her and it is Moynul Haque Laskar who is genuine. · However, during examination of records, it is seen that Moinul Haque Laskar produced his original appointment letter dated 09.01.1999, whereas the respondent number 6, Moynul Haque Laksar produced the original appointment letter dated 31.03.1995 where the name is written as "Moinul" and not "Moynul". In all his other records the spelling is shown as Moynul. So definitely it implies that the original appointment letter issued in the year 31.03.1995 is not his appointunent letter. Neither this appointment letter belongs to the petitioner Moinul Laskar because he claims to be originally appointed in the year 1999 and also produced the said appointment letter pertaining to the year 1999. · During hearing the Head Teacher of 404 no. Nabasantipur IPS stated that the already drafted statement in her signature which has been produced during hearing has been actually written by one Abdul Malik. Decision: · In view of the above circumstances, and after careful examination it is felt that the appointment letter issued in the year 2022 in the name of Moinul Haque Laskar neither belongs to the petitioner of the instant case WP(C)/954/2023, nor the respondent No.6 of this instant case. · The Head Teacher of 404 no. Nabasantipur LPS, Jyostna Rani Page No.# 9/10 Sinha, while allowing Respondent no 6, Moynul Haque Laskar to join in the said school has actually exhibited an irresponsible attitude as the appointment letter itself reflects the name ‘Moinul Haque Laskar’ and not 'Moynul Haque Laskar'. · The Director of Elementary Education, Assam is instructed to issue a show cause notice to the Head Teacher of 404 no. Nabasantipur LPS, Jyostna Rani Sinha for allowing Moynul Haque Laskar (Respondent 6) to join in the school without checking his original credentials. · Hence considering all these aspects, the Director, Elementary Education is directed to cancel the appointment letter issued vide no EAA/B/ Hailakandi/65/2021/191 dated 23rd September/ 2022.” 11. I have seen the photo-copies of the documents submitted by the petitioner’s counsel, which are as follows:- i. Admit Card for taking part in the Assam High Madrassa Examination, 1983, ii. Mark sheet of the Board of Secondary Education, Assam, iii. Aadhaar Card, iv. Certificate dated 21.09.1983 issued by the Karimganj High Madrassa, and v. Identity card issued by the office of the District Elementary Education Officer, Hailakandi. Page No.# 10/10 12. All the five documents submitted by the petitioner are made a part of the record and marked as Annexure X1 to X5, respectively. All the above 5 (five) documents shows the name Moynul Hoque Laskar. When the petitioner’s name in his official documents shows his name to be Moynul Hoque Laskar, there does not appear to be any infirmity with the decision of the Director in holding that the appointment/accommodation order dated 23.09.2022 does not appear to be related to the petitioner. The decision made by way of the impugned order pertains to disputed questions of facts. Further, the petitioner’s documents do not support the case of the petitioner. 13. There being no merit in the petition, the writ petition is dismissed at the motion stage itself. However, liberty is granted to the petitioner to approach the learned Education Tribunal with his grievance, if so advised. JUDGE Comparing Assistant