MADRASSA EDUCATION DEVELOPMENT ASSOCIATION Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. R. Bhuiya, learned counsel for the petitioners. Also heard Mr. J. Abedin, learned Standing Counsel, Secondary Education Department, for the respondent nos. 1 and 2, Mr. M.U. Mondal, learned counsel for the respondent no.3 and Mr. J. Islam, learned counsel for the respondent no.4.

(2.) By filing this petition the petitioner no.2 is seeking for a writ of Quo-Warranto as regards the validity of the appointment of the private respondent no.3 as the Chairman of the State Madrassa Education Board. It has been submitted by the learned counsel for the petitioners that the rules as framed by the authorities, namely, Madrassa Education to the Assam Education Department Rules and Orders, as amended in 2013 and notified vide order dated 14.03.2013 provide that the Chairman of the State Madrassa Education Board, Assam, shall be an Eminent Academician to be nominated by the State Govern-ment. It has been submitted that the private respondent no.3 is not an eminent academician within the meaning of the rules as he has no expertise in the field of Islamic Education and he is merely an Associate Professor in the discipline of Political Science and as such, he is not eminently qualified to hold the post of Chairman of the State Madrassa Education Board and accordingly, it has been submitted that the appointment of the private respondent no.3 as the Chairman of the State Madrassa Education Board , Assam is illegal and liable to be set aside.

(3.) The respondent no.3 has filed the affidavit-in-opposition in which it has been claimed that the respondent no.3 is indeed an eminent academician as contemplated under the rules and as such, his appointment is not liable to be interfered by this Court.