Page No.# 1/6 GAHC010219722022 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6928/2022 SHAHJAHAN ALI @ MD. SHAHJAHAN ALI S/O LATE AZIM UDDIN, VILL- KOLOHIKASH, P.O.-PANERI, P.S.-BOKO, DIST- KAMRUP (ASSAM) VERSUS THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM AND 13 ORS SECONDARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:THE DIRECTOR OF MADRASSA EDUCATION ASSAM KAHILIPARA ASSAM KAHILIPARA GUWAHATI-19 4:THE DEPUTY COMMISSIONER KAMRUP (R) GUWAHATI ASSAM 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER KAMRUP (R) AMINGAON GUWAHATI PIN-781037 Page No.# 2/6 6:THE HEAD MUDARIS OF H S KALAHIKASH M.E. SCHOOL KALAHIKASH P.O.-PANERI P.S.-BOKO DIST- KAMRUP ASSAM PIN-781123 7:SECRETARY OF THE MANAGING COMMITTEE OF H.S KALAHIKASH M.E. SCHOOL KALAHIKASH P.O.-PANERI P.S.-BOKO DIST- KAMRUP ASSAM PIN-781123 8:THE SCHOOL MANAGEMENT AND DEVELOPMENT COMMITTEE OF H.S KALAHIKASH M.E. SCHOOL REPRESENTED BY ITS PRESIDENT P.O.-PANERI P.S.-BOKO DIST- KAMRUP ASSAM PIN-781123 9:SAYEDUR RAHMAN KHAN S/O LT. KHEJMAT ALI KHAN HEAD MUDARIS KOLOHIKASH PRE-SENIOR MADRASAA MAHIMARI P.O.-TUKRAPARA P.S.-CHAYGAON DIST- KAMRUP ASSAM PIN-781123 10:HEAD MASTER OF BADULLAH HAZI MEMORIAL MOHIMARI HIGH MADRASSA P.O.-TUKRAPARA P.S.-CHHAYGAON DIST- KAMRUP ASSAM PIN-781123 11:THE HEAD MASTER OF CHAMPUPARA ME MADRASSA CHAMPUPARA GAON Page No.# 3/6 P.O.-CHAMPUPARA BAZAAR P.S.-CHAYGAON DIST- KAMRUP ASSAM 12:MD. BAHARUL ISLAM KHAN S/O HANIF ALI KHAN VILL- KOLOHIKASH P.O.-PANERI P.S.-BOKO DIST- KAMRUP ASSAM PIN-781123 13:THE HEAD MASTER OF 438 NO. TAMUL-DI-MUKTAB LP SCHOOL VILL- KOLOHIKASH P.O.-PANERI P.S.-BOKO DIST- KAMRUP ASSAM PIN-781123 14:THE PRINCIPAL OF CHAMPUPARA HIGHER SECONDARY SCHOOL CHAMPUPARA GAON P.O.-CHAMPUPARA BAZAR P.S.-CHAYAGAON DIST-KAMRUP ASSAM PIN-78112 Advocate for the Petitioner : MR. J AHMED, MS A HUSSAIN,MS. N HASINA,R BEGUM,H G DAISY Advocate for the Respondent : SC, SEC. EDU., B DAS(R14),MR. S U AHMED(R14),MR. A M AHMED(R14),MR R ISLAM (R-10 & 13,14),MS. U NANDA (R-10 & 13,14) Page No.# 4/6 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 18.09 .2026 Heard Mr. J. Ahmed, learned counsel for the petitioner. Also heard Mr. R. Islam, learned counsel for the respondents Nos. 10, 13 & 14; Mr. A.M. Ahmed, learned counsel for the respondent No.14; Ms. N.M. Sarma, learned Standing Counsel, Secondary Education for the respondents Nos. 1 & 2. 2] The petitioner’s grievance regarding the non-provincialisation of his services by the concerned department essentially arises from the proposal sent by the Kolohikash Pre-Senior Madrassa, in which his name was not included. This exclusion was based on the ground that, by an earlier Resolution No. 1 dated 12.10.1996, the Madrassa had recorded that the petitioner had already submitted his resignation and by a subsequent Resolution No. 1 dated 15.11.1996 the School Managing Committee had recorded the appointment of private respondent No. 12 in place of the petitioner. According to the writ petitioner, if the date of birth of the private respondent No.12 is available on record is taken into consideration, then on 15.11.1996, the private respondent was a minor and therefore, could not have been appointed by the School Managing Committee. 3] The petitioner submits that this resolution was not known by him, although he continued his services in the same Madrassa. Since his claim was not considered by the respondents, he had approached this Court earlier by filing WP(C) No.590/2018, which came to be disposed of by order dated 27.01.2020 with a direction that the petitioner will submit a representation to Page No.# 5/6 the Director of Secondary Education, Assam as well as the Director of Madrassa Education, Assam only after considering the representation and hearing of the respondent No.12 pass appropriate order within a period of 3 months from the date of receipt of a certified copy of that order. Subsequently, the Director by order dated 01.03.2021, rejected claims of the petitioner. In the said order, it is seen that reference was made to Resolution 1 dated 12.10.1996 and Resolution 1 dated 15.11.1996, whereby it was recorded that the petitioner had submitted his resignation and the private respondent No.12 had been appointed in his place, and on the basis of which the impugned order dated 01.03.2021 was passed. 4] It is also not in dispute that in a full bench judgment of this Court rendered in Abdul Gofur Mondal Vs. State of Assam and others, reported in 2015 (2) GLT 337 directed the State Government to establish Educational Tribunals in the district to decide matters between Non-Government Institutions and their teachers including the challenges made to service conditions. Pursuant thereto, by notification dated 02.06.2016, the Government of Assam had designated the Court of District Judges and Addl. District Judges of each district to function as Educational Tribunals to adjudicate the disputes of Teaching and Non-Teaching staff of the Government Educational Institutions. The grievance of the petitioner essentially is with regard to the Resolutions dated 12.10.1996 & 15.11.1996 taken by the School Managing Committee of the Higher Secondary Kolohikash Pre-Senior Madrassa in which the petitioner and private respondent No.12 claims to have been rendering their services. The grievance of the petitioner is also with regard to the provincialisation of private respondent No.12 in place of him. That being the position, this Court is of the prima facie view Page No.# 6/6 that the forum for ventilating the grievances of the writ petitioner having been established in terms of the directions of the judgment of Abdul Gofur Mondal (supra) and vide notification dated 02.06.2016, therefore, the petitioner should be relegated to pursue his grievances before the Educatioinal Tribunal. 5] In that view of the matter, this writ petition is permitted to withdraw and to be filed before the appropriate Educational Tribunal which is the District Judge, Kamrup, which will then be placed before the appropriate Court and the matter be proceeded and disposed of. The Court fee, if any paid by the petitioner while filing this writ petition should be refunded back by the Registry. Upon filing the case before the competent Tribunal as directed, the Tribunal will proceed in the matter as per the procedure prescribed under law. In the event, the Tribunal proceed to hear the matter, it is expected that the matter should be disposed of within a period of four months from the date of matter being filed before the Tribunal. 6] It is made clear the Tribunal upon assuming jurisdiction in the matter will be at liberty to issue fresh notice on all the respondents in the matter. 7] In terms of the above, this writ petition stands disposed of. JUDGE Comparing Assistant