Dilder Hussain and Anr v. The State of Assam and 5 Ors

ORDER Date : 10.01.2024

The petitioner by way of instituting the present petition has made a challenge to the constitution of the school managing committee with one Abdul Salam as the president by the District Elementary Officer vide communication dated 29.11.2023.

¶2It is the case of the petitioner that the said constitution was not made in accordance with the provision of the Rules holding the field and the same was so made by the Headmaster by incorporating persons close to him in clear violation of the provision of Assam Right of Children to Free and Compulsory Education Rules, 2011.

¶3The issue as arisen in the present proceeding would require a verification of the factual aspect involved and the same may not possible at this stage to be decided by way of directing the parties to file affidavits.

¶4Accordingly, the petitioner is hereby directed to approach the Director of Elementary Education, Assam within 15 days from today by way of an appeal and therein take all grounds available to him with regard to the challenge made by him to the constitution of the school managing committee for Kapurpura L.P. School.

¶5The Director of Elementary Education, Assam on receipt of the said appeal form the petitioner shall cause an enquiry into the allegation leveled by him therein and after hearing the petitioner as well as the school authorities and also the person who has now been appointed as Page No.# 3/3 the President of the School Managing Committee of the school shall pass an order with regard to the validity of the School Managing Committee as constituted vide the communication dated

29.11.2023. The said exercise shall be completed within a period of two months from the date of receipt of the appeal along with the certified copy of this order.

¶6It is stated that in the event the appeal is filed within a period of 15 days as directed hereinabove by the petitioner, the Director of Elementary Education, Assam shall direct the District Elementary Education Officer to monitor the activities of the said school managing committee, Kapurpura L.P. School and the school managing committee of Kapurpura L.P. School is directed that till disposal of the said appeal they shall not take any decision with regard to any aspect of the school without having the same approved by the District Elementary Education Officer, Morigaon.

¶7With the above observation and direction, the writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010002522024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/67/2024o DILDERoHUSSAINoANDoANRo S/OoA.oMOTLEB,oVILL-KAPURPURA,oP.S.-BHURAGAON,oDIST-MORIGAON,o ASSAM 2:oMAINULoHOQUE oS/OoABEDoALI oVILL-KAHITOLI oP.O.-HOLLOWKANDA oP.S.-BHURAGAON oDIST-MORIGAON oASSAo VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoADDITIONALoCHIEFoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oSCHOOLoEDUCATIONo(ELEMENTARY),oASSAM,oDISPUR,oGHY- 2:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA 3:THEoDISTIRCToELEMENTARYoEDUCATIONoOFFICER oMORIGAON oDIST-MORIGAON oASSAM 4:THEoBLOCKoELEMENTARYoEDUCATIONoOFFICER oLAHARIGHAToCENTRE oASSAM 5:THEoCLUSTERoRESOURCEoCENTREoCOORDINATOR oTULSHIBORI Page No.# 2/3 LAHARIGHAT 6:THE HEADMASTER KAPURPOORA L.P. SCHOOL ASSA Advocate for the Petitioner : MR M H AHMED Advocate for the Respondent : SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR