Page No.# 1/4 vs The State Of Assam And 4 Ors
2022 Latest Caselaw 1987 Gua

                                                                   Page No.# 1/4

GAHC010005682022




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

                           Case No. : WP(C)/773/2022

         MD. KALIM AHMED AND 7 ORS.
         S/O- ABDUL KADIR, VILL.- KATHALTALI, P.O. BAZARICHERRA, DIST.-
         KARIMGANJ, ASSAM-788725.

         2: ABU MD. NUMAN TALUKDAR
          S/O- MD. RASHID AHMED TALUKDAR
         VILL.- DALURBOND
          P.O. MUKTARAMPUR
          P.S. R.K. NAGAR
          DIST.- KARIMGANJ
         ASSAM-788156.

         3: AMRUL HOQUE
          S/O- ABDUL KADIR
         VILL.- SAIZANAGAR
          P.O. KANAIBAZAR
          P.S. PATHARKANDI
          DIST.- KARIMGANJ
         ASSAM-788724.

         4: MD. NASIMULLA BABOR
          S/O- FAIJUR RAHMAN
         VILL.- GUNGABARI
          P.O. KALKALIGHAT
          P.S. PATHARKANDI
          DIST.- KARIMGANJ
         ASSAM
          PIN-788725.

         5: MD. ISMAIL AHMED
          S/O- ABDUL MATIN
         VILL.- JHERJHERI
          P.O. PREMTALA
          DIST.NORTH TRIPURA
                                                       Page No.# 2/4

TRIPURA
PIN- 799261.

6: MD. ABDUL WAHID LASKAR
 S/O- ABDUL HAMID LASKAR
VILL.- CHANDINAGAR PART-I
 P.O. SAIDPUR (AMTALA)
 P.S. KATIGORAH
 DIST. CACHAR
ASSAM-788815.

7: AKBAR HUSSAIN CHOUDHURY
 S/O- ABDUL KADIR CHOUDHURY
VILL.- CHANDINAGAR PART-I
 P.O. SAIDPUR (AMTALA)
 P.S. KATIGORAH
 DIST. CACHAR
ASSAM-788815.

8: ALI HUSSAIN BARBHUIYA
 S/O- FERUJ UDDIN
 R/O- VILL.- HORINAGAR PART-II
 P.O. RAJARTILLA
 P.S. KATIGORAH
 DIST. CACHAR
ASSAM
 PIN- 788805

VERSUS

THE STATE OF ASSAM AND 4 ORS
TO BE REP. BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF
ASSAM, DISPUR, GUWAHATI-6.

2:THE COMMISSIONER AND SECRETARY

GOVERNMENT OF ASSAM
EDUCATION (SECONDARY) DEPARTMENT
DISPUR
GUWAHATI-6.

3:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
 KAHILIPARA
 GUWAHATI-19.

4:THE BOARD OF SECONDARY EDUCATION
                                                                       Page No.# 3/4

             ASSAM (TO BE REP. BY ITS SECRETARY
             BAMUNIMAIDAM
             GUWAHATI
             ASSAM

             5:THE STATE MADRASSA EDUCATION BOARD

             ASSAM. (TO BE REP. BY ITS SECRETARY
             KAHILIPARA
             GUWAHATI-19

Advocate for the Petitioner   : MR. A R BHUYAN

Advocate for the Respondent : SC, SEC. EDU.




                                  BEFORE
             HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                       O R D E R

06.06.2022

The law of transforming all the provincialised Madrassa institutes into regular educational institute was assailed in WP(C) No. 3038/2021 and the Division Bench by its judgment dated 04.02.2022 had dismissed the said challenge.

In the aforesaid circumstance, this writ petition is instituted that the students who were pursuing their education in the provincialised Madrassa institutions would now be seriously inconvenienced.

Once a law had been assailed, but upheld through a judicial adjudication, whether any further issue can be determined by another Court as to whether any inconvenience would be caused by the effects of the law which was challenged being upheld would be a preliminary question in this writ petition.

Mr. AR Bhuyan, learned counsel for the petitioners submits that the issue of Page No.# 4/4

inconvenience was not taken into consideration by the Division Bench when the aforesaid law was adjudicated.

If it is so, the further issue would remain as to whether the principles of constructive res-judicata would be applicable in such event.

Mr. AR Bhuyan, learned counsel for the petitioners seeks for an adjournment to examine the matter further.

List the matter after one week.

JUDGE

Comparing Assistant