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2018 DIGILAW 1271 (GAU)

Ahaduzzaman v. State of Assam

2018-08-29

ACHINTYA MALLA BUJOR BARUA

body2018
JUDGMENT : ACHINTYA MALLA BUJOR BARUA, J. 1. Heard Mr. M. Khan, learned counsel for the petitioner. Also heard Mr. N. Sarma, learned Standing Counsel for the Secondary Education Department. 2. As agreed to by the learned counsel for the parties and considering the nature of the dispute involved, this Court deems it appropriate that the writ petition be taken up for its final consideration in the motion stage. 3. The petitioners are students of the FM Part-2 and senior 3rd year and they are undertaking their study in Asimia Senior Madrassa, Asimganj in the district of Karimganj, Assam. 4. The father of the petitioner namely Md. Najeerul Haque, was the Superintendent of said Madrassa, but the authorities are of the view that there are certain serious allegations against the father of the petitioners, which requires action to be taken. In this writ petition, this court is not concerned with what action the authorities are required to take against the father of the petitioners but the matter of concern is that under the said circumstances of there being allegations against the father, the Inspector of School, Karimganj is withholding the mark-sheets of the petitioners related to the earlier exams that they have taken. By withholding the mark-sheets, the Inspector is preventing the two petitioners from taking admission in the next higher class for pursuing their further studies. This Court is not at all happy with the conduct of the Inspector for the reason that if there is any allegation against the father of the petitioner, it is for the authorities to take action against him but that cannot be the reason to withhold the mark-sheets of his two sons and to prevent them from taking admission in the next higher class. 5. Such action on the part of the Inspector asks for a departmental proceeding to be initiated against him and this Court leaves it to the Director to take his decision on the said aspect. 6. It is stated that, in the meantime the mark-sheets of the two petitioners had been handed over to them yesterday. Upon instruction, Mr. N. Sarma, also informs the Court that the Inspector of School will not prevent the petitioner from taking admission in the next higher class in the concerned institute where they are pursuing their study. 7. In view of the submission of Mr. Upon instruction, Mr. N. Sarma, also informs the Court that the Inspector of School will not prevent the petitioner from taking admission in the next higher class in the concerned institute where they are pursuing their study. 7. In view of the submission of Mr. N. Sarma, this Court deems it appropriate to close the writ petition, but, however, by providing that the Inspector of School, Karimganj shall ensure if there is no other impediment the petitioners should be enabled to take admission in the next higher class in Asimia Senior Madrassa, Asimganj in the district of Karimganj, Assam. 8. In terms of the above, this writ petition stands disposed of.