WP(C) 3623/2010 BEFORE THE HON’BLE MRS JUSTICE ANIMA HAZARIKA Heard Mr. AM Mazumdar, learned Senior counsel, assisted by Mr. S Ali, Ad vocate appearing for the petitioners. Also heard Mr. M Dutta, learned Standing c ounsel, Education Department, Assam. Considering the grievance raised and as agreed to by the learned counsel appearing for the parties, this writ petition is disposed of at the motion stag e itself. The petitioners’ case in brief is that the petitioner No.1 joined as Hin di Teacher in Belbeli Larkuchi Milan M.E. Madrassa School on 11.01.1993 and sinc e then she has been rendering her service till date. While petitioner No.2 and p etitioner No.3 joined in the said School as Arabic Teacher and Science Teacher r espectively vide order dated 25.02.2005 and since then they have been rendering their services till date. Belbeli Larkuchi Milan M.E. Madrassa School has been recognized vide ord er dated 14.12.2005 by the Govt. of Assam and has been regularly inspected by th e authority concerned. The last inspection was done on 28.11.2007 and the repor t was submitted before the District Elementary Education Officer, Nalbari by let ter dated 07.12.2007 where the names of the petitioners have been enlisted along with other teaching and non-teaching staff. The aforesaid School was initially established upon a plot of land cover ed by Dag No.542 Patta No.53 in the year 1993 but due to erosion of land by the river Brahmaputra the School was shifted to the land covered by Dag No.215 Patta No.53 of Village Larkuchi in the year 1993 and since then the School has been r unning in the said land. However due to dispute regarding constitution of Managi ng Committee of the School, the Committee has been divided into two groups. The Head Master of the School in collusion with the present president of the School without any general meeting and without any permission from the authority starte d another school under the same name in the initial place which is not fit for e ducation purpose. Therefore, the public submitted a complain before the Deputy C ommissioner (DC for short) Nalbari. The DC directed the District Elementary Educ ation Officer (DEEO for short) to make an enquiry into the matter. The District Elementary Education Officer thereafter entrusted the Block Elementary Education Officer (BEEO for short) to enquire into the matter and after enquiry the BEEO submitted the enquiry report before the D.E.E.O. On the basis of the aforesaid r eport, the D.E.E.O., vide his letter dated 28.08.2008 submitted the detailed rep ort to the D.C. Nalbari stating that Belbeli Larkuchi Milan M.E. Madrassa has be en running in two places. The School was shifted to the new place on 24.04.2008 but without any permission from the authority. A part of teachers have been runn ing the original school in old place. The Circle Officer of Mukalmua Circle also enquired into the matter and found that the new place where the part of the sch ool has been shifted is not fit for running a school. The petitioners also appro ached the D.C. Nalbari to take necessary action on the basis of the report submi tted by the authority concerned, but till date no action has been taken. The new school has been established about.5(five) K.M. away from the present school by violating the rules and procedure for establishment of a School. If the new scho ol is allowed to continue, the petitioners’ school will suffer irreparable loss and injury. Thus being aggrieved, the petitioners have filed the instant writ pe tition praying for a direction to the authority to close down the new school and to grant the financial assistance to the petitioners’ school, that being the or iginal school. In the aforesaid background, the limited prayer of the petitioners is fo r a direction to the Director of Elementary Education, Assam to take up the matt er and pass an order as to the genuineness of the two schools in question. To th e prayer so made, the learned Standing counsel, Education Department has no obje ction. Accordingly, this writ petition is disposed of directing the respondent No.2, Director of Elementary Education, Assam to take up the matter of deciding as to which of the School is genuine. In other words, out of the two schools whi ch one was established earlier. For resolving the dispute, the respondent No.2 s hall issue notice to both the School authorities and after hearing the parties a nd upon perusal of the materials placed before him, shall pass a speaking order. The whole exercise be completed within a period of three months from the date o f receipt of a certified copy of this order. It is also made clear that copy of the order so passed be sent forthwith to the parties. If the petitioners are agg rieved with the order so passed, they are at liberty to approach the appropriate authority. With the above direction, this writ petition stands disposed of. No costs.