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2002 DIGILAW 98 (GAU)

Asir Uddin Ahmed v. Rahmatganj Senior Madrassa, Golakganj and Ors.

2002-02-27

AMITAVA ROY

body2002
AMITAVA ROY, J.— The present appeal has been directed against the judgment and decree dated 7.4.2001 passed by the learned Civil Judge, Senior Division, Dhubri in Title Appeal No. 9/97 affirming the judgment and decree passed by the learned trial Court. 2. I have heard Mr T.N. Phukan, the learned senior counsel for the appellant. 3. The appellant as the plaintiff joined the Rahamatganj Senior Madrassa at Golakganj as Hindi teacher in the month of March, 1970. The Madrassa became an aided institution later on with a duly constituted Managing Committee. The appellant-plaintiff being served with a letter of suspension thereafter in the year 1984 filed a suit against the said Madrassa, its Secretary and others being T.S. No. 30/ 84 praying for a decree for declaration that his suspension was illegal and that his services with the Madrassa cannot be interrupted by the defendants. In the said suit he also prayed for a decree for Rs.6,250/- as arrear pay and allowances. The respondent-defendants in their written statement inter-alia contended that the appellant-plaintiff had played fraud with the Madrassa by suppressing his identify and procured his appointment as Hindi teacher by furnishing a duplicate certificate of Hindi Visharad examination held in October, 1977 which, in fact, was that of one Ashiruddin Sk, son of Md Khursed Ali of village Tamagbari, P.O. Barkanda. Their further case was that on being confronted with the certificate the appellant-plaintiff left the Madrassa without any leave or permission from the authorities of the Madrassa. The appellant-plaintiff was asked to produce his original certificate but he was unable to do so. He was therefore suspended. 4. The learned Trial Court as well as the learned lower appellate Court on consideration of the pleadings of the parties and evidence on record had come to the conclusion that the appellant-plaintiff had failed to discharge his burden of proof to show that he was qualified to hold the post of Hindi teacher in the Madrassa. While coming to the said conclusion the learned Courts below noticed the fact that on the failure of the appellant-plaintiff to produce his original certificate, the Secretary of the Madrassa sought for a clarification from the Pariksha Sachib, Assam Rastravasha Praschar Samity, Guwahati to verify as to whether the appellant-plaintiff had actually passed the Hindi Visharad examination as per the certificate submitted by him. The learned Courts below took note of Exhibit 'Ja', a letter issued by the Asom Rashtravasha Prachar Samity to the effect that the certificate produced by the appellant-plaintiff was that of one Ashiruddin Sk, son of Md Mosaf Ali and not the appellant-plaintiff whose name though Ashiruddin Sk, his father's name is Musab Ali. 5. The learned Courts below took note of the fact that the name of the appellant-plaintiff though Ashiruddin Sk his father's name being Musab Ali, the certificate produced by him did not relate to the appellant-plaintiff. The learned trial Court dismissed the suit of the plaintiff-appellant and the learned lower appellate Court affirmed the said judgment and decree. 6. Mr T.N. Phukan, the learned senior counsel for the appellant argued before this Court that the findings of the learned Courts below to the effect that the certificate produced by him was not his is perverse, inasmuch as the learned Courts below did not take into consideration the evidence on record while coming to the said finding. Mr Phukan while drawing the attention of this Court to some documents annexed to the memorandum of appeal submitted that these documents contained inter-alia the pass certificate of the appellant-plaintiff evidencing his passing of the Hindi Visharad examination making him eligible to hold the post of Hindi teacher. He further contended that these documents had been filed before the learned Courts below but could not be proved and exhibited in the suit as the appellant-plaintiff was not allowed to do so. On query being made as to whether any prayer was made before the learned trial Court or the learned lower appellate Court praying for an opportunity to prove the said documents, he answered in the negative, but contended that his client may be provided an opportunity to prove and exhibit the same at this stage. He further argued that his client had taken up this plea as a ground in appeal before the learned lower appellate Court. 7. As noticed above, this issue has been concluded by concurrent findings of facts of the learned Courts below. It is an admitted position that the appellant-plaintiff had not proved and exhibited any document, namely, his pass certificate etc. in the suit. Mr Phukan also failed to show from the records that any prayer in that behalf was ever made by the appellant-plaintiff allowing him to prove the said documents. 8. It is an admitted position that the appellant-plaintiff had not proved and exhibited any document, namely, his pass certificate etc. in the suit. Mr Phukan also failed to show from the records that any prayer in that behalf was ever made by the appellant-plaintiff allowing him to prove the said documents. 8. In the above circumstances, in the opinion of this Court, it is too late in the day to contend that the appellant-plaintiff be afforded an opportunity of proving the documents, copies of the same having been furnished with the memorandum of appeal. The contention of Mr Phukan that the findings of the lower Courts below to the effect that he had failed to prove any certificate are perverse also does not appeal to this Court, inasmuch as there being no evidence on the side of the plaintiff-appellant in support of his plea that he was qualified and eligible to hold the post of Hindi teacher in the said Madrassa, there is no question of the learned Courts below ignoring such evidence in coming to their findings as mentioned above. 9. The appeal does not disclose any substantial question of law warranting interference by this Court. The appeal being without any merit is hereby dismissed at the admission stage. 10. However, there shall be no order as to costs.