Dr. Md Shirajul Islam v. The State of Assam and 5 Ors

ORDER Date : 15.02.2024 Heard Mr. A. R. Bhuyan, learned counsel for the petitioner. Also heard Ms. P. Das, learned standing counsel for the Secondary Education Department representing the respondents no. 1, 2 & 4 and Mrs. D. Das Barman, learned Addl. Senior Government Advocate representing the respondent no. 3; Mr. P. Saikia, learned counsel for the respondent no. 5 as well as Ms. S. S. Zia, learned counsel for the respondent no. 6.

¶2The petitioner in the present proceedings has presented a challenge to a communication dated 08.09.2022, by which the Inspector of Schools, NDC, Nagaon had nominated the respondents no. 5 & 6 as the President and the Vice-President of the Alitangani Osmania Higher Secondary School.

¶3It is the case of the petitioner that in terms of the guidelines as Page No.# 3/5 notified vide the notification dated 24.06.2016 read with the notification dated 27.10.2021, the name of the respondent no. 5 was not forwarded by the school authorities for consideration of his case for the post of President of the School Management and Development Committee (SMDC) of the said school. The name of the respondent no. 6 was forwarded by the school authorities against the post of President of the SMDC of the said school, however, he was nominated as the Vice President of the SMDC of the school at the whim enterprise of the authorities empowered to make such nominations.

¶4It is stated at the bar that pertaining to the nomination as made in respect of the respondent no. 5, a writ petition was instituted before this Court being WP(C)/7192/2022 and this Court vide order dated 25.01.2024 was pleased to dispose of the said writ petition interfering with the nomination made in the case of the respondent no. 5. This Court vide order dated 25.01.2024, passed in WP(C)/7192/2022 upon interference being made with the nomination in respect of the respondent no. 5 herein had directed the respondent authorities to initiate a fresh process for nomination against the post of President of the SMDC of the said school strictly in accordance with the guidelines notified in the notification dated

24.06.2016 read with the notification dated 27.10.2021.

¶5In view of the interference made in respect of the nomination of the respondent no. 5 as the President of the SMDC of the said school by this Court vide the order dated 25.01.2024, passed in WP(C)/7192/2022, the Page No.# 4/5 challenge as made in the present proceedings stands allowed by interfering with the nomination so made in respect of the respondent no. 5 by the Inspector of Schools, NDC, Nagaon vide the communication dated

08.09.2022.

¶6Insofar as the allegations made against the respondent no. 6 is concerned, it is left open to the petitioner to prefer a detailed representation on this count before the Director of Secondary Education, Assam.

¶7In the event, if any such representation is filed by the petitioner herein, the same shall be considered by the Director of Secondary Education, Assam by causing a enquiry into the allegations brought on record against the respondent no. 6 and on conclusion of such enquiry pass a speaking order recording findings upon each of the allegation so leveled against the respondent no. 6. The nomination of the respondent no. 6 as the Vice-President of the SMDC of the said school shall be regulated in terms of the speaking order which is to be passed by the Director of Secondary Education, Assam on conclusion of the said enquiry. It is provided that the respondent no. 6 shall be given a hearing in the enquiry and the findings be arrived at by taking into account the stand of the respondent no. 6.

¶8The petitioner shall furnish to the Director of Secondary Education, Assam a copy of this order along with a copy of the representation that Page No.# 5/5 may be preferred by him and the Director of Secondary Education, Assam shall on receipt of the same, proceed in the manner as directed herein above and thereafter pass a reasoned speaking order within 90 days from the date of receipt of a certified copy of this order.

¶9With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010019312023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/650/2023o DR.oMDoSHIRAJULoISLAMo EX-PRESIDENT,oSMDC,oALITANGONIoOSMANIAoHIGHERoSECONDARYo SCHOOL,oS/OoLATEoABDULoHAMEDoAKOND,oR/OoVILL-NAGAON,o BIDYANAGAR,oP.O.-DHINGoROAD,oDIST-NAGAON,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo TOoBEoREPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM,oDEPARTMENToOFoSCHOOLoEDUCATION,oDISPUR,oGUWAHATI-6 2:THEoDIRECTORoOFoSECONDARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-19 3:THEoDEPUTYoCOMMISSIONER oNAGAON oDIST-NAGAON oASSAM 4:THEoINSPECTORoOFoSCHOOLS oNAGAONoDISTRICToCIRCLE oNAGAON oASSAM 5:RUKUNoUDDINoAHMED oS/OoLT.oRIAZoUDDINoAHMED oVILLoANDoP.O.-DAGAON oDIST-NAGAON oASSAM Page No.# 2/5 6:ZIAUR RAHMAN S/O SOFIQUL ISLAM VILL-P.O.-ALITANGANI P.S.-JURIA DIST-NAGAON ASSA Advocate for the Petitioner : MR. A R BHUYAN Advocate for the Respondent : SC, SEC. EDU. BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR