No.122 Rangirghat L.P. School and Anr v. The State of Assam and Ors

ORDER Date : 09.01.2024 Heard Mr. A.M. Barbhuya, learned counsel for the petitioner. Also heard Mr. A. Phukan, learned counsel for the respondents No.1, 2, 4, 5, 6, 7 and 8 and Ms. D. Das Barman, learned counsel for the respondent No.3.

¶2The present proceeding has been instituted by the petitioner No.122 Rangirghat L.P. School against the order of amalgamation dated 19.12.2017 by which the petitioner No.1 school was amalgamated with Mokbul Ali Mazumder M.E. School. The said amalgamation was not accepted by the school managing committee and in the meeting convened on

03.02.2018, the amalgamation of the school in question was deprecated.

¶3One of the grounds taken to challenge the said amalgamation was that in between two schools, there is a PWD road which has heavy traffic going through it and would cause danger to the students of the school, if they have to attend classes in the amalgamated school. Page No.# 4/4 Secondly, it was also said that the said school in question is around 100 years old and in the event of amalgamation of the school it would lose its entity and rich history it has.

¶4This Court in its order dated 12.02.2018 while issuing notice had stayed the notification dated 19.12.2017 with respect to the petitioner school. The said order continues to hold the field till date. The order of amalgamation reflects that in the event there is any grievance or any dispute is raised with regard to the amalgamation effected, the aggrieved parties to bring it to the notice of Director of Elementary Education, Assam for adjudication. Further the scheme under which the amalgamation are effected contained in the Office Memorandum dated

22.09.2016 and the Siksha Khetra Scheme in Clause 7 provides that any dispute arising out of an order of amalgamation, the aggrieved institute/public may prefer an appeal before the Government in the Elementary/Secondary Education as the case may be.

¶5In view of the said position, the petitioner is hereby directed to prefer an appeal before the Secretary, Department of School Education, Assam and such appeal be routed through the Director of Elementary Education, Assam. The appeal be filed before the Director of Elementary Education, Assam within a period of 15 days from today. The Director of Elementary Education, Assam shall on receipt of the said appeal forward the same to the Secretary, Department of School Education. The Secretary, Department of School Education on receipt of the said appeal shall either himself consider the same or have the same placed before any other designated committee or authority if any such committee or authority exists. On final consideration of the appeal and after verifying the facts as stated therein, the appeal of the petitioner as submitted be disposed of by the Secretary to the Government of Assam, Department of School Education by way of a speaking order. Such speaking order be communicated to the Member Secretary School Managing Committee of No. 122 Rangirghat L.P. School forthwith. Till the process of considering the appeal and passing the speaking order as directed, the notification dated 19.12.2017 in respect of the petitioner school shall remain stayed. With the above observation and direction, the writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010023852018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/651/2018o NO.122oRANGIRGHAToL.P.oSCHOOLoANDoANR.o TOoBEoREP.oBYoITSoHEADoMISTRESS/SECRETARYo(ANAWARAoBEGUMo LASKAR,oAGEDoABOUTo47oYRS.),oVILL.oRANGIRGHAToPART-II,oP.O.o AMJURGHAT,oP.S.oSONAI,oDIST.oCACHAR,oASSAM. 2:oTHEoSCHOOLoMANAGINGoCOMMITTEEo(SMC) oNO.122oRANGIRGHAToL.P.oSCHOOL oTOoBEoREPoBYoITSoPRESIDENTo(RASNUoBEGUMoBARBHUIYA oAGEDoABOUTo29oYEARS) oVILL.oRANGIRGHAToPART-II oP.O.oAMJURGHAT oP.S.oSONAI oDIST.oCACHAR oASSAM. 3:oANAWARAoBEGUMoLASKAR oW/O.oLUToAHMEDoBARBHUIYA oVILL.oRANGIRGHAToPART-II oP.O.oAMJURGHAT oP.S.oSONAI oDIST.oCACHAR oASSAM. 4:oRASNUoBEGUMoBARBHUIYA oW/O.oNASIRoUDDINoBARBHUIYA oVILL.oRANGIRGHAToPART-II oP.O.oAMJURGHAT oP.S.oSONAI oDIST.oCACHAR oASSAMo VERSUSo PageoNo.#o2/4 THEoSTATEoOFoASSAMoANDoORS.o REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oEDUCATIONo (ELEMENTARY)oDEPTT.,oDISPUR,oGHY. 2:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGHY. 3:THEoDIST.oLEVELoCOMMITTEE oTOoBEoREP.oBYoTHEoADDL.oDY.oCOMMISSIONERoINoCHARGEoEDUCATIONo DEPTT. oCACHAR oP.O.oANDoP.S.oSILCHAR oDIST.oCACHAR oASSAM 4:DTHEoBLOCKoLEVELoCOMMITTEE oTOoBEoREP.oBYoTHEoDIST.oELEMENTARYoEDUCATIONoOFFICER oCACHAR oP.O.oANDoP.S.oSILCHAR oDIST.oCACHAR oASSAM 5:THEoADDL.oCHIEFoSECRETARY oTOoTHEoGOVT.oOFoASSAMoELEMENTARYoEDUCATIONoDEPTT. oASSAM oDISPUR oGHY. 6:THEoPRINCIPALoSECRETARY oTOoTHEoGOVT.oOFoASSAM oSECONDARYoEDUCATIONoDEPTT. oASSAM oDISPUR oGHY. 7:THEoDY.oSECRETARY oTOoTHEoGOVT.oOFoASSAM oEDUCATIONoDEPTT. oDISPUR Page No.# 3/4 GHY. 8:BLOCK ELEMENTARY EDUCATION OFFICER SONAI EDUCATION BLOCK P.O. AND P.S. SONAI DIST. CACHAR ASSAM 9:THE MOKBUL ALI AMAZUMDER M.E. SCHOOL TO BE REP. BY ITS HEAD HEAD MASTER VILL. RANGIRGHAT PART-II P.O. AMJURGHAT P.S. SONAI DIST. CACHAR ASSAM Advocate for the Petitioner : MR. A M BARBHUIYA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR