WP(C) 6655/2010 BEFORE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. M.K. Hussain, learned counsel for the petition er, Mr. M. Khataniar, learned Standing Counsel, Education Department appearing f or the respondent Nos.1, 3, 4, 6, and 7, Ms. A. Verma, learned Standing Counsel, Finance Department appearing for the respondent No.2 and Mr. B.J. Ghosh, learne d State Counsel appearing for the respondent No.5. The petitioner by the present petition has challenged th e order dated 19th June, 2006 passed by the Director, Elementary Education, Assa m recognizing Dholapara ME Madrasa with effect from 1st January, 2005. The peti tioner has also challenged the communication dated 2nd September, 2010 issued by the Deputy Commissioner, Morigaon allegedly forwarding the names of some non-ex istent ME Madrasa for financial assistance ignoring the claim of the petitioner contending inter alia that though the petitioner who donated the land for establ ishment of Dholapara ME Madrasa in village Hahchara Gaon and entitled to be reco gnized under the Education Department Rules and Orders, the authority instead of recognizing the said school recognized Dholapara ME Madrasa in village Moirabar i. According to the petitioner, the Deputy Commissioner vide communication dated 2nd September, 2020 (which has not been annexed to the writ petition) also forw arded the names of certain non-existent ME Madrasa for financial assistance igno ring the claim of Dholapara ME Madrasa of village Hahchara Gaon, for which a rep resentation though was filed on 4th October, 2010 before the Commissioner and Se cretary to the Government of Assam to the Department of Elementary Education, th e same has not been disposed of till date. The learned counsel for the petitioner, therefore, submi ts that the present petition be disposed of with a direction to the Commissioner and Secretary to consider and disposed of the said representation as expeditiou sly as possible. The learned counsel appearing for the respondents conten d that the petition relating to the challenge made to the order dated 19th June, 2006 is belated one and, therefore, the challenge to the said order recognizing Dholapara ME Madrasa of village Moirabari may be rejected. It has, however, be en submitted by the learned counsel appearing for the respondents that the repre sentation insofar as it relates to the claim for financial assistance would defi nitely be considered in accordance with law. It appears that Dholapara ME Madrasa of village Moirabar i (Pachim) was recognized by the Director of Elementary Education, Assam vide or der dated 19th June, 2006. The petitioner thereafter, slept over his right, if any, for about 4‰ years and even did not make any representation before the auth ority concerned against the said order of recognition till the representation da ted 4th October, 2010. The relief claimed by the petitioner against the order d ated 19th June, 2006 being belated and the said school having been enjoying the benefit of recognition with effect from 1st January, 2005, the prayer made in ch allenging the said order cannot be entertained and hence rejected. The petitioner has also claimed in the present petition that the Deputy Commissioner vide communication dated 2nd September, 2010 has re commended the names of certain ME Madrasas, which according to the petitioner, a re not in existence and by ignoring the claim of Dholapara ME Madrasa of village Hahchara Gaon, for which he filed the representation on 4th October, 2010 befor e the Commissioner and Secretary to the Government of Assam, Department of Eleme ntary Education, which has not been disposed of till date. Since the petitioner has filed the representation before the said authority, the same has to be considered and disposed of in accordance with law relating to the claim of financial assistance only. In view of the above, the writ petition is disposed of w ith a direction to the Commissioner and Secretary to the Government of Assam, De partment of Elementary Education, respondent No.1, to consider and dispose of th e representation filed by the petitioner relating to the claim for financial ass istance only, within a period of 6 (six) weeks from the date of receipt of the c ertified copy of the order passed today alongwith the copy of the writ petition and its annexures appended thereto to be produced by the writ petitioner before the said authority. The writ petition is accordingly disposed of. No cost.