Shahidul Islam v. The State of Assam and 6 Ors

ORDER Date : 09.01.2024 Heard Mr. B.P. Borah, learned counsel for the petitioner. Also heard Mr. P.K. Borah, learned standing counsel for the respondent nos.1 to 4, and Ms. B. Das Barman, learned counsel appearing for respondent no.5.

¶2In view of the nature of the order proposed to be passed, the issuance of notice on the respondent nos.6 and 7 at this stage is not deemed necessary.

¶3The petitioner has by way of this petition has raised a grievance Page No.# 3/4 against order dated 26.12.2023, issued by the District Elementary Education Officer, Morigaon, by which the candidature of the petitioner and one another has been rejected for the post of President of School Managing Committee of Madhya Lochanabori L.P. School and the candidature of respondent no.7 was found to be the eligible one. The petitioner has made this application on the ground that the allegation that the petitioner's child is not studying in the said school, which was the reason for rejection of his candidature, is not correct. He has a daughter studying in the said school and accordingly, he being a parent is entitled to participate in the process for constitution of School Managing Committee and as well as also submit his candidature for the post of President.

¶4The petitioner in course of the hearing today has produced an order dated 06.01.2024, by which the order impugned in the writ petition dated

26.12.2023 was withdrawn by the District Elementary Education Officer, Morigaon and the BEEO, Laharighat has been allowed to act as President of the school.

¶5In view of the said position, the writ petition is hereby disposed of requiring the Director of Elementary Education, Assam and the District Elementary Education Officer, Morigaon to take all appropriate steps for formation of the governing body of the school in question by strictly following the process mandated under the Assam Right to Education Rules, 2011 and the Right to Education Act, 2011.

¶6However, it is provided that in the event the petitioner offers his candidature, his such candidature shall be accepted only in the event after a due enquiry the allegations leveled against him and contained in the complaint dated 25.10.2023 (Annexure-B to the writ petition) of having misappropriated a sum of Rs.18,700/- (Rupees eighteen thousand seven hundred only) pertaining Page No.# 4/4 to Mid-day Meal Scheme during his earlier tenure as President of the School Managing Committee of the school in question is duly examined and the petitioner is exonerated of the same. The said enquiry shall be conducted by the Director of Elementary Education, Assam or an authority specified by him/her.

¶7Without such an enquiry being completed, the candidature of the petitioner for the post of President and/or Member of the School Managing Committee of the school in question shall not be entertained by the authorities.

¶8With the above observation and direction, the writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010002862024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/107/2024o SHAHIDULoISLAMo S/O-oHUSSAINoALI,o R/O-oLOCHANABARI,o P.O.oANDoP.S.-oMOIRABARI,o DIST.-oMORIGAON,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,o EDUCATIONo(ELEMENTARY)oDEPARTMENT,o DISPUR,oGUWAHATI-6. 2:THEoDIRECTORoOFoELEMENTARYoEDUCATIONo oASSAM oKAHILIPARA oGUWAHATI-19. 3:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oMORIGAON oASSAM oPIN-o782105. 4:THEoBLOCKoELEMENTARYoEDUCATIONoOFFICER oLAHARIGHAToBLOCK oMORIGAON oASSAM oPIN-o782127. 5:THEoADDITIONALoDEPUTYoCOMMISSIONERo(EDUCATION) oMORIGAON Page No.# 2/4 ASSAM PIN- 782105. 6:THE HEAD MASTER MADHYA LOCHANABORI LP SCHOOL LAHARIGHAT MORIGAON ASSAM PIN- 782127. 7:MD. ABUL KALAM S/O- LT. ABUBAKKAR SIDDIQUE R/O- LOCHANABARI P.O. AND P.S.- MOIRABARI DIST- MORIGAON ASSAM PIN- 782105 Advocate for the Petitioner : MR B P BORAH Advocate for the Respondent : SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR