Page No.# 1/8 GAHC010131082026 2026:GAU-AS:14917 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/282/2026 MD JAMAL UDDIN AND 9 ORS. SON OF LATE ABDUS SAMAD, VILLAGE- BAGBARI, PONGSANKAR, P.O.- BAGBARI (KALIGANJ BAZAR)- 788720, DISTRICT- SRIBHUMI, ASSAM 2: MD. ZAKIR HUSSAIN SON OF LATE ABDUS SAMAD VILLAGE TALTOLA P.O.- JANAKALAYAN BAZAR-788720 DISTRICT- SRIBHUMI ASSAM 3: MD. ARSHAD HUSSAIN SON OF JAMAL UDDIN VILLAGE- BAGBARI PONGSANKAR P.O.- BAGBARI (KALIGANJ BAZAR)- 788720 DISTRICT- SRIBHUMI ASSAM 4: MD. ABDUL JABBAR SON OF JAMAL UDDIN VILLAGE BAGBARI PONGSANKAR P.O. BAGBARI (KALIGANJ BAZAR)- 788720 DISTRICT SRIBHUMI ASSAM 5: MD. ABDUL HASIB SON OF LATE TASLIM ALI Page No.# 2/8 VILLAGE THAMUA P.O. SINGARIA BAZAR-788719 DISTRICT SRIBHUMI ASSAM 6: MD. JAMIL AHMED SON OF ABDUL JALIL VILLAGE THAMUA P.O. SINGARIA BAZAR-788719 DISTRICT SRIBHUMI ASSAM 7: MD. ABDUL KASHIM SON OF MOIN UDDIN VILLAGE TALTOLA P.O. JANAKALAYAN BAZAR-788720 DISTRICT SRIBHUMI ASSAM 8: MD. NAYEEM UDDIN CHOUDHURY SON OF RAHIM UDDIN CHOUDHURY VILLAGE ROUTH GRAM P.O. JANAKALAYAN BAZAR-788720 DISTRICT SRIBHUMI ASSAM 9: MD. ALOM AHMED CHOUDHURY SON OF ABDUL KHALIQUE VILLAGE AND P.O. NILBAZAR DISTRICT NAGAON ASSAM 10: MD. ZAKIR HUSSAIN SON OF LATE ABDUL KHALIQUE Page No.# 3/8 VILLAGE HADARGRAM P.O. KARIMGANJ-788711 DISTRICT SRIBHUMI ASSA VERSUS MD MUJIBUR RAHMAN AND 16 ORS. SON OF ABDUL KHALIQUE, VILLAGE- FATEPUR, P.O.- CHATOL-788720, DISTRICT- SRIBHUMI, ASSAM 2:MOINUL ISLAM SON OF LATE AKLAS UDDIN VILLAGE TALTOLA (KANKARCHAK) P.O. JANAKALAYAN BAZAR-788720 DISTRICT SRIBHUMI ASSAM 3:SMTI RASHIDA BEGUM WIFE OF ABDUL BASIT VILLAGE DEWAKURI P.O. LALARCHAK-788713 DISTRICT SRIBHUMI ASSAM 4:MD. SAHAMIM AHMED SON OF ROICH UDDIN VILLAGE TALTOLA P.O. JANAKALAYAN BAZAR-788720 DISTRICT SRIBHUMI ASSAM 5:MD. SAD UDDIN SON OF LATE INTAJ ALI VILLAGE TALTOLA P.O. JANAKALAYAN BAZAR-788720 DISTRICT SRIBHUMI ASSAM Page No.# 4/8 6:MD. MAYEEN UDDIN SON OF LATE ISMAIL ALI VILLAGE FATEPUR P.O. CHATOL-788720 DISTRICT -SRIBHUMI ASSAM 7:MD. KAMRUL ISLAM SON OF LATE MAYAB ALI VILLAGE - PUNNAGRAM P.O. JAGANNATH-788709 DISTRICT SRIBHUMI ASSAM 8:MD. SALIM UDDIN SON OF ASHAID ALI VILLAGE NAGARI (ILLASPUR) P.O. BAROIGRAM-788723 DISTRICT SRIBHUMI ASSAM 9:ON THE DEATH OF WAKIL AHMED HIS LEGAL HEIRS NAMELY 9.1:NAJMA BEGUM WIFE OF LATE WAKIL AHMED VILLAGE TALTOLA P.O. JANAKALAYAN BAZAR-788720 DISTRICT SRIBHUMI ASSAM 9.2:SHAKIBUL HASAN SON OF LATE WAKIL AHMED VILLAGE TALTOLA P.O. JANAKALAYAN BAZAR-788720 Page No.# 5/8 DISTRICT SRIBHUMI ASSAM (BEING MINOR AND THEY ARE REPRESENTED BY HIS NATURAL GUARDIAN I.E. RESPONDENT NO. 9.1) 9.3:SALMAN HUSSAIN SON OF LATE WAKIL AHMED VILLAGE TALTOLA P.O. JANAKALAYAN BAZAR-788720 DISTRICT SRIBHUMI ASSAM (BEING MINOR AND THEY ARE REPRESENTED BY HIS NATURAL GUARDIAN I.E. RESPONDENT NO. 9.1) 9.4:MD. ABDUL LATIF SON OF LATE HASID ALI VILLAGE TALTOLA P.O. JANAKALAYAN BAZAR-788720 DISTRICT SRIBHUMI (ERSTWHILE KARIMGANJ) ASSAM 10:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EDUCATION DEPARTMENT DISPUR GUWAHATI-6 ASSAM 11:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EDUCATION DEPARTMENT DISPUR GUWAHATI-6 ASSAM 12:THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GUWAHATI-19 ASSAM Page No.# 6/8 13:THE DISTRICT SCRUTINY COMMITTEE KARIMGANJ DISTRICT (REPRESENTED BY ITS CHAIRMAN THE ADDITIONAL DEPUTY COMMISSIONER KARIMGANJ) DISTRICT SRIBHUMI (ERSTWHILE KARIMGANJ) ASSAM 14:THE DISTRICT ELEMENTARY EDUCATION OFFICER P.O. AND DISTRICT KARIMGANJ ASSAM 15:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE (SIU) DEPARTMENT DISPUR GUWAHATI-6 ASSAM 16:THE UNDER SECRETARY TO THE GOVT. OF ASSAM FINANCE (SIU) DEPARTMENT DISPUR GUWAHATI-6 ASSAM 17:THE TREASURY OFFICER KARIMGANJ P.O. KARIMGANJ-788710 DISTRICT SRIBHUMI ASSA Advocate for the Petitioner : MR B MALAKAR, MR A HUSSAIN Advocate for the Respondent : SC, SEC. EDU., MS S DAS(R1TO8,9.1),J M SULAIMAN(R1TO8,9.1),MR F U BARBHUIYA(R1TO8,9.1),MR H R A CHOUDHURY(R1TO8,9.1),SC, FINANCE,GA, ASSAM,SC, ELEM. EDU Page No.# 7/8 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 06.10.2026 Heard Mr. B. Malakar, learned counsel for the petitioners; Mr. F.U. Barbuiya representing respondent nos.1 to 9.4; Mr. T.R. Gogoi, learned Government Advocate for respondent nos.13 and 17; Ms. B. Deka, learned standing counsel for the respondent nos.10, 11 and 14 and Ms. R. Baruah, learned standing counsel for the respondent no.12. 2. The petitioners have filed this petition under Article 227 of the Constitution of India, being aggrieved by the order dated 27.04.2026, passed by the learned Additional District Judge cum Educational Tribunal, Sribhumi in connection with Education Tribunal Case No.1/2018, as the legal heirs of the deceased petitioner, namely, Wakil Ahmed, were substituted as plaintiffs in Education Tribunal Case No.1/2018. 3. It is submitted that there were two institutions and the services of the teachers of Khankarchak Pre-Senior Madrassa in Karimganj district have subsequently been provincialised. 4. It is further submitted that there is another school, namely, Taltola Khankarchak Pre-Senior Madrassa and employees of this school had challenged the provincialisation of Khankarchak Pre-Senior Madrassa. Page No.# 8/8 5. After the challenge, this Court vide order dated 05.01.2018 in connection with WP(C) No.6324/2017, remanded the matter back to the Educational Tribunal. The order of this Court is marked as Annexure-8. This case is still pending in the Court of the learned Additional District Judge cum Educational Tribunal, Sribhumi. During the pendency of the said proceeding, after the matter was remanded back from this Court, the impugned order dated 27.04.2026 was passed. 6. I have considered the submissions of both the sides. 7. It is submitted that this is a service matter relating to Educational Tribunal. The legal heirs including father, brother, wife and children cannot be impleaded as a parties. Thereby, considering the submissions made at the Bar, the order dated 27.04.2026 is set aside. 8. As this is an old pending matter, the learned trial court is directed to make every endeavour to expedite the disposal thereof. 9. In terms of the above observation, this petition stands disposed of. JUDGE Comparing Assistant