LAWS(GAU)-2019-11-288

NUR ISLAM SARKAR Vs. STATE OF ASSAM

Decided On November 29, 2019
Nur Islam Sarkar Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. M. Khan, learned counsel for the appellant, MR. B. Talukdar, learned standing counsel for the Secondary Education Department and Mr. S.R Baruah, learned State Counsel appearing for the respondent Deputy Commissioner, Dhubri.

(2.) The appellant who is serving as a Lat-Mandal in the Revenue Department was nominated as the President of the SMDC of Sonaluguri High Madrassa as per the order dated 12.12.2016 of the Inspector of Schools, Dhubri. The notification of 12.12.2016 also states that he Government of Assam in the Secondary Education Department had approved the nomination of the appellant as the President by its communication dated 22.07.2016. By a later office order dated 22.06.2017, the nomination of the appellant as the President of the SMDC of Sonaluguri High Madrassa was cancelled.

(3.) Being aggrieved, the WP(C) No.3986/2016 was preferred assailing the order dated 22.06.2017, by which the nomination of the writ petitioner/appellant as the President stood cancelled as well as a letter dated 07.12.2016 of the Secretary to the Government of Assam in the Secondary Education Department. By the letter of 07.12.2016, it was provided that certain anomalies had been noticed in the selection of President/Vice-President of SMDC's of some schools, where serving officers, employees and teachers were selected as Presidents/Vice-Presidents.