Mafijan Bibi vs The State Of Assam And 10 Ors
2021 Latest Caselaw 1267 Gua

                                                                 Page No.# 1/4

GAHC010053482021




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/2297/2021

         MAFIJAN BIBI
         W/O JAMIRUDDIN ALI, R/O VILL-BORIGAON, P.O.-HENGALPARA, DIST-
         DARRANG, ASSAM, PIN-784148



         VERSUS

         THE STATE OF ASSAM AND 10 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR,
         GUWAHATI-06

         2:THE DIRECTOR OF ELEMENTARY EDUCATION
          KAHILIPARA
          GUWAHATI-19
          DIST-KAMRUP(M)
         ASSAM

         3:MISSION DIRECTOR
          SARBA SIKSHA ASSAM
          CUM STATE NODAL OFFICER
          MID-DAY-MEAL SCHEME
         ASSAM
          KAHILIPARA
          GUWAHATI-19

         4:DISTRICT ELEMENTARY EDUCATION OFFICER
          DARRANG
          MANGALDOI
          DIST- DARRANG
         ASSAM
          PIN-784125
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5:BLOCK ELEMENTARY EDUCATION OFFICER
 DARRANG
 MANGALDOI
 DIST-DARRANG
ASSAM
 PIN-784125

6:THE HEAD MASTER
 SWAHID SMRITI L.P. SCHOOL
 BORIGAON
 PAMOICHUBA
 DIST-DARRANG
 PIN-784148

7:SCHOOL MANAGING COMMITTEE
 REPRESENTED BY THE PRESIDENT
 SWAHID SMRITI L.P. SCHOOL
 BORIGAON
 PAMOICHUBA
 DIST-DARRANG
 PIN-784148

8:ARSHED ALI
 HEAD MASTER OF SWAHID SMRITI L.P. SCHOOL
 BORIGAON
 PAMOICHUBA
 DIST- DARRANG
 PIN-784148

9:RASBANU BIBI
W/O RAHMAN ALI
 R/O BORIGAON
 PAMOICHUBA
 DIST- DARRANG
 PIN-784148

10:B. KALYAN CHAKRABORTY
 MISSION DIRECTOR
 SARBA SIKSHA ASSAM CUM STATE NODAL OFFICER
 MID-DAY-MEAL SCHEME
ASSAM
 KAHILIPARA
 GUWAHATI-19

11:SMTI JAWAHIRA TABASSAM
 DISTRICT MISSION COORDINATOR
 SARBA SIKSHA ASSAM CUM DISTRICT NODAL OFFICER
 MID-DAY-MEAL SCHEME
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                DARRANG
                ASSAM
                PIN-78412

Advocate for the Petitioner        : MR. P MAHANTA

Advocate for the Respondent : SC, ELEM. EDU




                                    BEFORE
               HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                                 O R D E R

31.03.2021

Mr. P Mahanta, learned counsel for the petitioner brings it to the notice of the Court of an order dated 18.04.2018 in IA(civil) 298/2018, wherein the following conclusion was arrived at:-

"By various orders passed in the present application, the learned State counsel was asked to obtain instructions as to who between the two was initially appointed as Cook at Swahid Smriti LP School. Ms. R Roy Choudhury have obtained instructions and have also produced documents to show that it was the writ petitioner i.e. Miss Mafijan Bibi who was initially appointed as Cook at Swahid Smriti LP Schol. The applicant i.e. Ms. Rasbanu Bibi was appointed only by way of replacing the writ petitioner."

The judicial conclusion which had attained its finality clearly shows that the petitioner Miss Mafijan Bibi was appointed as a Cook prior to another person namely Ms. Rasbanu Bibi. The Mission Director of SSA issued an order dated 18.02.2020, by which a contrary conclusion was arrived, which is extracted below:-

"As per the said enquiry report, it is fact that both Mafijan Bibi (petitioner) and Rasbanu Bibi (Respondent No.8) were engaged by the school managing committee (SMC) of the school on the same date i.e. on 4/3/2015, while Rasbanu Bibi (Respondent No.8) as cook and Mafijan Bibi (petitioner) as asstt/helper."

If an administrative authority is of the view that the factual conclusion arrived at in a judicial order is incorrect in any manner, the obvious remedy available would be either to file an appeal or a review against such incorrect conclusion. The administrative authority cannot Page No.# 4/4

override a judicial conclusion and arrive its own conclusion to the contrary.

In the instant case, we find that the Mission Director, SSA Sri B Kalyan Chakraborty had arrived at his conclusion that the petitioner Mofijan Bibi and the respondent Rasbanu Bibi were appointed on the same date, whereas in the judgment dated 18.04.2018 in IA(civil) 298/2018 a judicial conclusion was arrived that the petitioner Mafijan Bibi was appointed as a Cook at a date prior to the appointment of the respondent Rasbanu Bibi. In such view of the matter, the order passed by the Mission Director, SSA which has an overriding effect on the conclusion arrived at in the judgment dated 18.04.2018 can be viewed to be contemptuous in nature.

Mr. S Bora, learned counsel for the SSA seeks for an adjournment to be listed again in the next week.

Prayer for adjournment is allowed.

Sri B. Kalyan Chakraborty, Mission Director, SSA shall remain personally present before the Court on the next date fixed.

List the matter again on 08.04.2021.

JUDGE

Comparing Assistant