1

Serial No.01

Regular List

HIGH COURT OF MEGHALAYA

AT SHILLONG

WP(C). No. 264 of 2020

Date of Decision: 03.06.2026

Shri. Nurul Amin,

S/o. Shri. Abdul Ali,

R/o. Village Khetadhowa,

P.O. Bhaitbari, P.S. Phulbari,

West Garo Hills District, Meghalaya.

…Petitioner

-Versus-

1. State of Meghalaya

Represented by Commissioner and Secretary,

Education, Shillong.

Cum

State Project Director, SSA, SEMAM,

Government of Meghalaya,

Shillong.

2. District Mission Coordinator, SSA Tura,

West Garo Hills District,

Meghalaya.

3. Joint District Mission Coordinator,

SSA Dadenggre, West Garo Hills District,

Meghalaya.

4. Smti. Shobuza Begum,

Khetadhowa S.S.A. U.P. School

P.O. Bhaitbari, P.S. Phulbari,

West Garo Hills District,

Meghalaya.

…Respondents 2023:MLHC:1156

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Coram:

Hon’ble Mr. Justice H.S.Thangkhiew, Judge

Appearance:

For the Petitioner/Applicant(s) : Mr. P.T.Sangma, Adv.

Ms. G.Ch. Marak, Adv.

For the Respondent(s) : Mr. N.D.Chullai, AAG with

Ms. S.Kh. Nongrum, GA for R 1- 3.

Mr. S.Dey, Adv. for R 4.

i) Whether approved for reporting in Yes/No

Law journals etc:

ii) Whether approved for publication Yes/No

in press:

JUDGMENT AND ORDER (ORAL)

1. This matter has reappeared before this Bench on being remanded back

vide order dated 23-10-2025, passed in WA. No. 36 of 2025. The learned

Division Bench by the said order, was pleased to limit the issue on remand

which is contained in paragraph 9 of the judgment which is reproduced

herein below:

“9. In view of the paragraph 15(i) of the impugned

judgment which after accepting the report has directed

proceeding to be initiated as per law against Shri.

Nurul Amin and it is likely to visit the appellant with

civil and criminal consequences, in our view, the

appellant is entitled to respond to the said report before

any decision could be arrived at against him in the writ

proceeding. On the limited issue that the appellant was 2023:MLHC:1156

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entitled to an opportunity to file an exception affidavit

to the enquiry report and to argue the matter in relation

to the findings against him in the said report, we allow

the appeal and set aside the impugned judgment only

limited to the directions contained in paragraph 15(i).

We make it clear that we have not gone into the merits

of the enquiry report. The writ petitions [WP(C) No.

264 of 2020 and WP(C). No. 147 of 2022] are restored

and to be heard afresh by the learned single judge

confined to the findings against the appellant/writ

petitioner.”

2. A perusal of the above quoted paragraph will show that the remand

was on the basis of the earlier order of this Bench which had accepted an

enquiry report and proceedings were directed to be initiated against the writ

petitioner for which he had not been given adequate opportunity to represent

against. As such, this Court today will examine this limited aspect.

3. Thus, this takes the Court to paragraph 15(i) of the order dated 24-11-

2023 which the writ petitioner has taken exception to. The said order dated

24-11-2023, passed in WP(C) No. 264 of 2020 and other connected writ

petitions is also reproduced hereinbelow:

“HIGH COURT OF MEGHALAYA

AT SHILLONG

WP(C) No. 383 of 2017 with

WP(C) No. 264 of 2020

WP(C) No. 456 of 2021

WP(C) No. 460 of 2021

WP(C) No. 464 of 2021

WP(C) No. 119 of 2022

WP(C) No. 147 of 2022 Date of Decision: 24.11.2023

2023:MLHC:1156

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Smti. Nazila Begum Vs. State of Meghalaya & Ors.

Shri. Nurul Amin Vs. State of Meghalaya & Ors.

Shri. Joyan Ali Vs. State of Meghalaya & Ors.

Smti. Shobuza Begum & Anr. Vs. State of Meghalaya & Ors.

Smti. Shobuza Begum & Anr. Vs. State of Meghalaya & Ors.

The School Managing Committee, Vs. State of Meghalaya & Ors.

Khetadhowa SSA UP School,

Bhaitbari. Vs. State of Meghalaya & Ors.

Nurul Amin Vs. State of Meghalaya & Ors.

Coram:

Hon’ble Mr. Justice H. S. Thangkhiew, Chief Justice (Acting)

Appearance:

In WP(C) No. 383 of 2017

For the Petitioner/Appellant(s) : Mr. S. Deb, Adv.

For the Respondent(s) : Mr. H. Abraham, GA

Mr. K.P. Bhattacharjee, GA

Ms. I. Lyngwa, GA(For R 1 & 2)

Ms. P. Agarwal, Adv. (For R 4).

In WP(C) No. 264 of 2020

For the Petitioner/Appellant(s) : Ms. P. Agarwal, Adv.

For the Respondent(s) : Mr. H. Abraham, GA

Mr. K.P. Bhattacharjee, GA

Ms. I. Lyngwa, GA(For R 1- 3)

Mr. S. Deb, Adv. (For R 4)

In WP(C) No. 456 of 2021

For the Petitioner/Appellant(s) : Mr. S. Deb, Adv.

For the Respondent(s) : Mr. H. Abraham, GA

Mr. K.P. Bhattacharjee, GA

Ms. I. Lyngwa, GA(For R 1- 6)

Mr. N. Syngkon, Adv. (For R 7 & 8).

In WP(C) No. 460 of 2021

For the Petitioner/Appellant(s) : Mr. S. Deb, Adv. 2023:MLHC:1156

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For the Respondent(s) : Mr. H. Abraham, GA

Mr. K.P. Bhattacharjee, GA

Ms. I. Lyngwa, GA(For R 1- 6)

Mr. N. Syngkon, Adv. (For R 7).

In WP(C) No. 464 of 2021

For the Petitioner/Appellant(s) : Mr. S. Deb, Adv.

For the Respondent(s) : Mr. H. Abraham, GA

Mr. K.P. Bhattacharjee, GA

Ms. I. Lyngwa, GA(For R 1- 6)

Mr. N. Syngkon, Adv. (For R 7 & 8).

In WP(C) No. 119 of 2022

For the Petitioner/Appellant(s) : Mr. N. Syngkon, Adv.

For the Respondent(s) : Mr. H. Abraham, GA

Mr. K.P. Bhattacharjee, GA

Ms. I. Lyngwa, GA(For R 1 & 2)

Mr. S. Deb, Adv. (For R 3).

In WP(C) No. 147 of 2022

For the Petitioner/Appellant(s) : Mr. N. Syngkon, Adv.

For the Respondent(s) : Mr. H. Abraham, GA

Mr. K.P. Bhattacharjee, GA

Ms. I. Lyngwa, GA.

i) Whether approved for reporting in Yes/No

Law journals etc.:

ii) Whether approved for publication

in press: Yes/No

JUDGMENT AND ORDER

1. These matters where the common issue involves the service of

the teachers of Khetadhowa SSA UP School, are being taken up and

disposed of by this common order and judgment.

2. The genesis of the controversy which has engulfed the school

which has seen multiple and protracted litigation repeatedly before 2023:MLHC:1156

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this Court, with claims and counter claims which had become difficult

to adjudicate, occasioned for an order of this Court dated 07.02.2023

to be passed, directing for a full-fledged enquiry to be instituted by the

Commissioner and Secretary, Education Department. Pursuant to the

said order, and after grant of extension of time, for completion of the

enquiry, the report was submitted on 21

st

July, 2023.

3. Before adverting to the report, which is detailed and

conclusive, it is relevant to note herein that, due to the disputes that

have arisen, coupled with unauthorized and illegal actions of some of

the players herein, both from the official side, as well as the teachers,

the salaries of the rightful recipients amongst the teachers have been

withheld. A case in point is WP(C) No. 383 of 2017, wherein the

petitioner, who is a sanctioned teacher namely Smti. Nazila Begum,

has not been paid her salary from the month of January 2021, till date.

Subsequently, as it appears from the records, the operation of the

account of the school was also suspended, as there was no valid school

Managing Committee in existence. Further, the controversy became

more pronounced and complicated due to the rival claims, as to who

were the sanctioned teachers in the said school.

4. The enquiry report which has been furnished has however,

clarified the issues in contention, and has shed light as to the nature

of the controversy involved in the said school. In this context therefore,

this Court finds it expedient and necessary to rely upon the same in

the adjudication of these cases.

5. As per the report, the history of disputes between the teachers

and the Managing Committee of Khetadhowa SSA UP School,

involves three significant phases:-

(i) First Phase – February 2010 - January 2017

(ii) Second Phase – February 2017 - 27

th

September, 2019

(iii) Third Phase – 28

th

September, 2019 - 5

th

February,

2021.

6. In the First Phase, the school was brought under SSA in

February 2010, and it was instructed by the District Mission

Coordinator (DMC), that the school Managing Committee should be

constituted, and three teachers, that is, (i) One Language teacher, (ii)

One Science and Mathematics teacher, and (iii) One Hindi teacher

with Diploma, was to be appointed. The same was done vide a

Resolution dated 03.03.2010, and four teachers, were appointed 2023:MLHC:1156

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namely one Giasuddin Ahmed, as Head Teacher, Abdul Goffur Khan

and Abdul Rafique as Assistant Teachers, and one Nurul Amin as

Hindi Teacher. However, on the resignation of Shri. Abdul Goffur

Khan, the Managing Committee appointed Smti. Nazila Begum as

Language Teacher, and thereafter, on the resignation of the Head

Teacher, Shri. Giasuddin Ahmed, Smti. Shobuza Begum, BSc was

appointed as Head Teacher. It is to be noted that, all the teachers

including Nurul Amin, had endorsed her appointment.

7. As the fulfillment of National Council for Teachers

Education (NCTE) norms was made mandatory, the school Managing

Committee of the school, in its meeting dated 06.04.2014, decided to

give three years’ time to its teachers to acquire the said qualification.

As per the meeting dated 03.05.2015, it was reported that, three

teachers of the school, had fulfilled the required NCTE norms, and

these were Smti. Shobuza Begum, Shri. Abdul Rafiq and Smti. Nazila

Begum. As recorded in the enquiry report, Shri. Nurul Amin, failed to

acquire the required qualification, to fulfil NCTE norms, during that

period of time and was present in the meeting dated 03.05.2015, as a

teacher representative, when all the decisions were taken. Thereafter,

with the advent of the ‘Right of Children to Free and Compulsory

Education’ (RTE), the permissible number of teachers as per SSA UP

School norms was 3 in number, one for Language, one for Science

and Mathematics, and one for Social Studies.

8. The Second Phase, as per the report, then witnessed the

origin of the controversy, as Shri. Nurul Amin, started claiming

himself to be the Language Teacher, the Senior Most Teacher and also

Head Teacher, from the year 2017. This it appears, was on the basis

of a purported approval order issued by one Shri. T.S. Sangma, the

then In-charge Joint DMC, who was not authorized nor empowered to

issue the same. It is noted that, in this regard, a show-cause notice was

issued to the said Thomas S. Sangma, on 29.10.2019, by the competent

authority, for his illegal action. The controversy was then compounded

due to the actions of another Joint DMC, namely Smti. Ela Begum

Laskar, who then issued orders in favour of Shri. Nurul Amin, such

as, by declaring him to be the Language Teacher, apart from the

Senior most and Head Teacher. Thereafter, the Managing Committee

with Smti. Shobuza Begum, as the ex-officio member convener, was

also dissolved by Smti. Ela Begum Laskar, and a new Managing

Committee with Nurul Amin, as ex-officio member convener, was

approved. Though complaints were made, as to the illegal constitution 2023:MLHC:1156

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of the said Managing Committee, which was formed without a general

public meeting being called, contradictory resolutions were passed by

this Committee, which were approved by Smti. Ela Begum Laskar, in

her capacity as Joint DMC. As recorded in the report, Shri. Nurul

Amin, allegedly mis-appropriated school funds and also deducted the

salary of Smti. Nazila Begum, which compelled her to file WP(C) No.

383 of 2017. In this period, another writ petition being WP(C) No. 30

of 2018, was also filed for dissolution of the Managing Committee,

approved by Smti. Ela Begum Laskar, wherein Shri. Nurul Amin, was

made the ex-officio member convener.

9. The Third Phase, in the sequence of events commenced with

the State Project Director SSA Shillong, directing for a detailed

enquiry about the irregularities in the school, on receipt of complaints

vide order dated 28.09.2019, to ascertain the correct position. In the

said order, it was also directed that ample opportunity be given to all

the stake holders, to file their claims and counter claims with relevant

documents. On notices being issued, all concerned respondents except

Nurul Amin replied, and who, even after 3 notices were issued, instead

wrote to the DMC, asking for revocation of the notices, which on being

refused, even wrote to the State Project Director, asking him to revoke

the letter dated 28.09.2019, by which the enquiry had been ordered.

The enquiry authority, that is, the DMC Tura, then as no replies were

forthcoming, obtained all the relevant documents from the office of

the Joint DMC, Shri. R.K. Hajong, whereafter, a detailed report was

prepared and submitted to the State Project Director SSA, vide letter

dated 06.02.2020.

10. As per the materials and the report, the DMC Tura, on the

directions of the State Project Director SSA, then vide letter dated

02.03.2020, declared that the claim of Shri. Nurul Amin, as a

Language Teacher, Senior Most Teacher and Head Teacher, was

untenable, as compared to the claim of Smti. Nazila Begum, as

Language Teacher, and Smti. Shobuza Begum as Head Teacher.

However, the events took another twist, inasmuch as, Smti. Ela Begum

Laskar, on assuming charge as In-charge DMC, once again, by an

order dated 13.05.2021, first kept in abeyance the enquiry report dated

06.02.2020, and also order dated 02.03.2020, passed by her

predecessor, and subsequently passed an order dated 04.08.2021,

nullifying the enquiry report and order dated 03.02.2020. It is noted

that as per the report, the said enquiry report dated 06.02.2020, and

order dated 02.03.2020, as per the claim of Smti. Ela Begum Laskar, 2023:MLHC:1156

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was cancelled pursuant to the findings of a meeting allegedly

conducted on 04.08.2021, which however, was found out to be false on

an enquiry conducted by the Administrative Officer SSA(E), on

directions from the State Project Director.

11. It is then seen that in this continuing saga, in the said school,

amidst the intense litigation, as per the report, and which is evidenced

by material documents, a forged document that is, a letter dated

13.05.2021, was annexed by Shri. Nurul Amin in WP(C) No. 119 of

2021, which was with regard to the term of the Managing Committee.

This was then compounded by the same document being annexed by

the State respondents, which however, when the same was detected was

corrected by the Government Advocate, who in his letter dated

28.07.2022, stated that the same was done so inadvertently.

12. What can be gleaned from the report, on the facts as placed

above, is that, the entire dispute had arisen from the time that Shri.

Nurul Amin, claimed that he was the duly appointed Language

Teacher and not Smti. Nazila Begum, and further, that being the

founder teacher, was the Head Teacher and not Smti. Shobuza

Begum. This Court, has thoroughly examined the enquiry report dated

21.07.2023, and all the supporting documents which have been

annexed to the said report, on which the findings have been rendered.

The findings concisely put are as below:-

(i) The root of the problem of the Khetadhowa SSA UP

School, is because of the claim made by Shri. Nurul

Amin, that he is the Head Teacher, being a founder

Teacher, and that he is also the Language Teacher.

This controversy came about, on account of the new

NCTE norms, that they could be only one teacher each

for Language, Social Science and Mathematics.

(ii) When Smit. Nazila Begum, was appointed as a

Language Teacher, and Smti. Shobuza Begum, as

Science and Mathematics Teacher in 2010, Shri. Nurul

Amin, never raised any grievance at that stage, and in

fact, on merits has no case, as he was never appointed

against the sanctioned posts.

(iii) It is evident from the circumstances, that Shri. Nurul

Amin, became active after the illegal approval order

was granted by the then I/c Joint DMC, Shri. T.S.

Sangma, and when subsequently Smti. Ela Begum 2023:MLHC:1156

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Laskar, occupied the said post. He never responded to

the enquiry to seek to establish his position.

(iv) That Shri. Nurul Amin, allegedly was found to be

embezzling SSA funds, and never took any steps to

reply to the allegations and rather than reply chose to

challenge the authority of the official, who had

instituted the enquiry, which raised sufficient

suspicion, as to his acts of commission and omission.

The matter is all the more serious, as Nurul Amin, had

even submitted fake documents to substantiate his

claims.

(v) Shri. Nurul Amin, failed to acquire the required

qualification, to fulfill NCTE norms, and at that time,

when the 3 teachers, were appointed against the

sanctioned post namely Shobuza Begum, Abdul

Rafique and Nazila Begum, he had attended the

Managing Committed meeting held on 03.05.2015, and

as a participant of the proceedings, was therefore party

to all the decisions taken.

(vi) From the records submitted, Shri. Nurul Amin,

attended his duties in the school w.e.f. his date of

joining from 05.03.2010 to June, 2017, and remained

absent from his duty from July 2017 to 8

th

February,

2022, whereafter, he was terminated from service on

09.02.2021, no reply was given by him nor the charges

rebutted.

(vii) During the period, Shri. Nurul Amin, was the convener

member, the salaries of Shobuza Begum and Nazila

Begum were deducted in an unauthorized manner,

which led them to file writ petitions before the High

Court, which resulted in a situation, where salaries

have not been paid to teachers, who are regularly

attending to their duties in the school.

(viii) With regard to the role of officials in the Education

Department in complicating the matters, the role of

Smti. Ela Begum Laskar, in her capacity as Joint DMC

and DMC, is questionable, as she has passed many

arbitrary orders favouring Shri. Nurul Amin, and also

her enquiry reports, appear to be suspect and not in

order. In the enquiry, she accepted that it was difficult

for her to understand the rules. It is further remarked 2023:MLHC:1156

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in the enquiry report that, Smti. Ela Begum Laskar

may be cautioned.

13. Apart from the findings indicated above, the report has also

noted serious areas of concern that need to be addressed, such as, the

manner of functioning of the Managing Committee and also the

manner and method of selection and appointment of teachers.

14. The Commissioner and Secretary, Education Department

Government of Meghalaya, Shri. P. Bakshi, IAS, as also his

predecessor, Dr. B.D.R. Tiwari, it is noted, in the conduct of enquiry

on several dates, had summoned all the stake holders, in the several

cases that had been filed before this Court and they were also

examined in person, apart from being allowed opportunity of being

heard and also for submission of any final relevant documents.

Relevant documents had been submitted including originals for the

purpose of enquiry, which was relied upon, as also the submissions

and statements made by all the teachers of the school, Head Teacher,

members and Chairman of the School Managing Committee, officials

of the Education Department and other litigant parties. School

attendance registers, reports of earlier enquiries, conducted at various

levels had also been examined, and as recorded on 22

nd

June, 2023, all

litigants and concerned parties had made further statements, in

addition to the earlier statements and documents apart from being

subject to cross-examination on the submissions. In the considered

view of this Court, the enquiry had arrived at the findings, as recorded

in the report in a fair and transparent manner, wherein all the parties

concerned were afforded adequate opportunity. In these

circumstances therefore, the report is accepted in its totality, as also

the suggestions given therein to finally give a quietus to the disputes

in Khetadhowa SSA UP School, and to bring to a closure all the

pending writ petitions before this Court, concerning the present

dispute.

15. As such, without lingering or dwelling any longer, on the

facts, claims and counter claims of the parties individually, in these

batch of writ petitions, the same are disposed of with the following

directions:

(i) As Shri. Nurul Amin, has been found not to be a

teacher, occupying a sanctioned post, and terminated

from service on 9

th

February, 2021, as per the

Resolution of the same date, and further having 2023:MLHC:1156

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indulged in disruptive activities such as, filing of

fabricated documents, which has dislocated the

functioning of the school as recorded in the report,

appropriate action as per relevant rules and in

accordance with law, both civil and criminal shall be

initiated against him, both by the Managing

Committee, as well as, by the District School Education

Officer, West Garo Hills, within a period of 8(eight)

weeks, from the date of this order.

(ii) Smti. Ela Begum Laskar, in her capacity as Joint

DMC and DMC, having acted in a manner, which is

prejudicial and damaging to the school, and the office

she occupied, appropriate disciplinary proceedings

shall be drawn up against her by the Director of School

Education & Literacy, Government of Meghalaya,

Shillong.

(iii) As 3 teachers namely, Shobuza Begum, Shri. Abdul

Rafique and Smti. Nazila Begum, are the rightful

sanctioned teachers of Khetadhowa SSA UP School, all

outstanding salaries and benefits is to be released to

them immediately by the School Managing Committee.

(iv) As the RTE norms are in place, the Managing

Committee shall be constituted as per the said norms to

be re-constituted every 2(two) years comprising of 75%

of the members, from amongst parents or guardians of

children studying in the school and 25% from elected

members of the local authority, teachers of the school

and local educationists.

(v) All vacancies are to be compulsorily advertised by the

School Managing Committee and eligible candidates

be selected by way of test and interview.

16. Accordingly, as per the discussions and as ordered herein

above, these writ petitions stand closed and disposed of.

17. The report dated 21.07.2023, is made part of the records.

18. A copy of this order to be furnished to Mr. H. Abraham,

learned GA for necessary action.

Sd/-

Chief Justice (Acting)”

2023:MLHC:1156

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4. In the backdrop noted above, therefore, this Court is to determine the

issue finally as per the submissions which have been tendered by the parties.

5. Mr. P.T.Sangma, learned counsel for the petitioner submits that in

paragraph 15(i) of the judgment dated 24-11-2023, passed in WP(C). No.

264 of 2020 itself, reference has been made to a resolution of the Managing

Committee dated 09-02-2021, by which he was terminated. His only

submission is that a copy of the said resolution was never supplied to the

writ petitioner, as such, he prays that due to non-supply of the resolution,

proper reply could not be made by the writ petitioner.

6. Mr. N.D.Chullai, learned AAG assisted by Ms. S.Kh. Nongrum,

learned GA for the respondents No. 1-3, has submitted that paragraph 15(i)

of the judgment dated 24-11-2023, is not limited only to the question of the

resolution, but the findings contained therein, have been revealed in the

enquiry report, such as, the writ petitioner having indulged in disruptive

activities, filing of fabricated documents which have dislocated the

functioning of the School, for which this Court had recommended that

appropriate action be taken against the writ petitioner. He therefore, submits

that no cogent ground having been made out, the judgment dated 24-11-

2023, having not been interfered with by the learned Division Bench, except

for the issue concerning paragraph 15(i), the instant writ petition be

dismissed. 2023:MLHC:1156

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7. Mr. S.Dey, learned counsel appearing for the respondent No. 4 has

submitted that the writ petitioner was a terminated Hindi teacher and the

same was never put to challenge, and further, if the writ petitioner has any

grievance against the enquiry, wherein a copy has been supplied to him, he

was at liberty take appropriate action. He therefore, submits that at this late

stage, the writ petitioner is not entitled to any relief as claimed.

8. This Court having examined the judgment passed by the learned

Division Bench and also the earlier proceedings that have transpired before

this Court, notes that the central issue that had led to the enquiry report was

due to the fact that this Court at that point of time in order to get to the root

of the matter had directed for an enquiry to be conducted. At this stage it

would be expedient to quote the relevant extract of the findings which are

contained at page 13 to 17.

“1. It is discernible that at the root of the problems

of the Khetodowa SSA UP School is the claim made by

Shri Nurul Amin that he is the Head teacher being the

founder teacher and also the Language Teacher. This

controversy erupted on account of new NCTE norms

that mandated that in SSA School there could be only

one Language Teacher, one Science and Mathematics

Teacher and one Social Science Teacher.

2. When appointments were made initially after the

School was brought under SSA in the year 2010

thereafter when Smti. Nazila Begum was appointed as

a Language Teacher in the same year in place of Shri

Abdul Goffur Khan, who resigned and later Smti. 2023:MLHC:1156

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Shobuza Begum as Science and Mathematics Teacher-

cum-Head Teacher vice Shri. Giasuddin Ahmed,

resigned, Shri. Nurul Amin never raised any grievance

at that stage. Apart from putting up a claim much later

Shri. Nurul Amin on merits has no case as he was

never appointed against the sanctioned post.

3. Moreover, a challenge if any, should have been

made by Shri. Nurul Amin while initial appointments

took place about 7 (seven) years ago and not at a late

stage, which if entertained will unsettle a settled

position. From the circumstances, it can be clearly seen

that Shri. Nurul Amin became active after he could

manage an allegedly illegal approval order from I/c Jt.

DMC, Shri. Thomas S. Sangma and that when Smti.

Ela Begun joined the post of Jt. DMC, SSA,

Dadenggre. Further, it may be mentioned here for

information that as records reveal, Shri. Nurul Amin

never responded to any inquiry to establish his position

other than the one conducted by Jt. DMC, Smti. Ela

Begum.

4. It is also seen from records that Shri. Nurul

Amin was found to be embezzling SSA funds and did

not either take steps to reply to the allegations nor

justified his course of action. His actions during his

term as Convenor Member has further exacerbated the

situation. At the same time, the SMC that terminated

his services allowed him sufficient opportunity to reply

and justify his alleged deeds of omission and

commission. Rather than replying to the show causes

issued to him by the then SMC, he chose to challenge

the authority of the officials also who instituted inquiry

and was non-cooperative in the inquiry proceedings

thereby raising sufficient suspicions that his acts of

omission and commission were brazen and against the

rules. The act of submitting even fake documents to

substantiate his claims makes the matter serious and

does not leave any shadow of doubt that Shri. Nurul

Amin has been desperate in his motives and his claims

are unjustified.

2023:MLHC:1156

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5. The position of sanctioned post of Language

Teacher also is clear upon perusal of the various

resolutions of the SMC. Initially in 2010 when the posts

were filled up, it is quite evident that Shri. Nurul Amin

had filled up the said post as Hindi Teacher. However,

subsequently Smt Nazilla Begum has joined as a

Language Teacher and as per the SMC meeting dated

3

rd

May, 2015, it was reported that three teachers

acquired and fulfilled the required NCET norms as

follows:

Smti. Shobuza Begum, B.Sc., D.El.Ed passed.

Shri. Abdur Rofique, B.A., D.El. Ed passed and

Smti Nazila Begum, B.A., D.El.Ed. passed.

It is clear that Shri. Nurul Amin failed to acquire

the required qualification to fulfill NCTE norms

during that period of time and it is a recorded fact that

he had also attended the SMC meeting dated 3

rd

May

2015 as a teacher representative member of SMC when

all these decisions were taken. As such, he was a

participant of the SMC meeting and party to all the

decisions taken.

6. It is therefore suggested that in the affairs of the

Khetadowa SSA U.P. School, with regards to the

position of the sanctioned post teachers only the

following could be rightfully considered to be teachers

appointed against sanctioned posts as follows;

a) Smti. Shobuza Begum, B.Sc., D.El.Ed passed-

Science and Mathematics teacher.

b) Shri. Abdur Rofique, B.A.. D.El. Ed passed –

Social Science teacher.

c) Smti Nazila Begum, B.A., D.El.Ed. passed –

Language teacher.

The other teachers are non-sanctioned posts if any.

7. It has been seen from the records submitted that

Shri. Nurul Amin has attended his duties in the School

with effect from his date of joining i.e. 5

th

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to June, 2017. He was absent from his duties with effect

from July, 2017 to 8

th

February, 2021 when he was

terminated from service on 9

th

February, 2021. The

grounds of his termination was also laid out clearly as

per resolution dated 9

th

February, 2021 on grounds of

long unauthorized absence, misappropriation of salary

grants, uniform grants and being non-responsive to the

show causes issued to him by the SMC. At no point

were this charges rebutted by Shri. Nurul Amin or

replied to sufficiently. As such, his termination based

purely on available records appears to be justified.

8. It is also seen that during the period where Shri

Nurul Amin was the Convenor Member, the salaries of

Smt Shobuza Begum and Smt Nazila Begum were

deducted in an unauthorized manner also for which

they had filed a case in the Hon’ble High Court seeking

redressal. Upon perusal of the records available such

deduction was found to be unjustified and arbitrary

and they are entitled to receive their salaries as per

their entitlements.”

9. Without further prolonging the matter, and having made a fresh

perusal of the enquiry report coupled with the limited challenge made by the

writ petitioner as to non-availability of the resolution, this Court finds that

the petitioner has not made out any case and is not entitled to any further

relief. As such, the writ petition is accordingly disposed of.

10. It is expected that the earlier orders contained in the judgment dated

24-11-2023, passed in WP(C). No. 264 of 2020 should be complied with by

the authorities.

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11. Matter accordingly stands closed and disposed of.

Judge

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