Nazrul Islam v. The State of Assam and 12 Ors

ORDER 13-03--2024 Heard Shri R. Ali, learned counsel for the petitioner. Also heard Ms. M. Barman, the learned State Counsel as well as Ms. B. Deka, learned Standing Counsel, Elementary Education Department. Considering the subject matter, the writ petition is taken up for disposal at the motion stage. The petitioner claims to be an inhabitant of the district of Hojai under the jurisdiction of the Murajhar Police Station. He also claims to be a guardian of a student of Sunai Bibi L.P. School. Page No.# 3/3 The petitioner is the Ex-President of the School Managing Committee (SMC) of the said School. It is the contention of the petitioner that a new School Managing Committee was constituted on 17.10.2023 without following the due procedure and the petitioner was not even aware of such constitution. The petitioner has also alleged gross irregularities and illegalities committed by the new committee in which regard, he has lodged an Ejahar on 14.12.2023. The grievance of the petitioner that no action has been taken on the said FIR. Ms. Barman, the learned State Counsel as well as Ms. Deka, the learned Standing Counsel, Education Department have however resisted the case by contending that issues regarding inaction of the police, non-registration and lack of proper investigation would not come within the ambit of a Writ Court unless and until an exceptional case is made out. Reference has been made to the case of the Hon'ble Supreme Court in the case of Sakiri Basu Vs State of UP & ors. reported in 2008 (2) SCC 409. The Hon'ble Supreme Court in the said case has discouraged entertaining of writ petitions pertaining to issues of non-registrations of FIRs as well as lack of proper investigation as the Cr.PC. is a self-contained code giving remedies in such eventualities. This Court has also noticed that no exceptional case has been made out which may require intervention of a writ Court. In view of the above, the writ petition is held to be devoid of any merits and accordingly dismissed.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010029322024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/830/2024o NAZRULoISLAMo S/OoFAYAJoALIoVILLoPASCHIMoSAMARALIoP.O.oCHOUDHURYoBAZARoP.S.o MURAJHARoDIST.oHOJAIoASSAMoPINo782439 VERSUSo THEoSTATEoOFoASSAMoANDo12oORSo THROUGHoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVToOFo ASSAMoHOMEoDEPTToDISPURoGUWAHATIo6 2:THEoDIRECTORoGENERALoOFoPOLICEoASSAM oULUBARIoGUWAHATIo7 3:THEoBLOCKoELEMENTARYoEDUCATIONoOFFICERoLANKA oO.O.oLANKAoDIST.oHOJAIoASSAMoPINo782446 4:THEoSUPERINTENDANToOFoPOLICEoHOJAI oAToSANKARDEVoNAGARoP.O.oSANKARDEVNAGARoDISToHOJAIoASSAMo PINo782440 5:THEoOFFICERoINoCHARGE oMURAJHARoPOLICEoSTATIONoP.O.oMURAJHARoDIST.oHOJAIoASSAMoPINo 782439 6:ABDULAHoAHMED oHEADoMASTERoOFoSONAIoBIBIoLoPoSCHOOLoS/OoLToFORMUZoALIoVILLo PASCHIMoSAMARALIoP.O.oCHOUDHURYoBAZARoPSoMURAJHARoDISTo HOJAIoASSAMoPINo782439 7:SHAMUSoUDDIN oCRCCoSAMARALIoCLUSTERoC/OoBLOCKoELEMENTARYoEDUCATIONo OFFICERoLANKAoDIST.oHOJAIoASSAMoPINo782446 Page No.# 2/3 8:MITHULAL SARKAR ASSISTANT TEACHER OF PUB SAMARALI LP SCHOOL C/O BLOCK ELEMENTARY EDUCATIO OFFICER LANKA DIST. HOJAI ASSAM PIN 782446 9:ANOWAR HUSSAIN CHOUDHURY ASSISTANT TEACHER OF PUB KASIMIYA L P SCHOOL C/O BLOCK ELEMENTARY EDUCATION OFFICER LANKA DIST HOJAI ASSAM PIN 782446 10:HELAL UDDIN CHUDHURY BSC TEACHER OF CHITOLMARI HIGH SCHOOL P.O. CHOUDHURY BAZAR P.S. MURAJHAR DIST HOJAI ASSAM PIN 782439 11:JAMAL UDDIN ASSISTANT TEACHER OF KAKI ME SCHOOL C/O BLOCK ELEMENTARY EDUCATION OFFICER LANKA DIST HOJAI ASSAM PIN 782446 12:PHULESWAR NANISA BLOCK ELEMENTARY EDUCATION OFFICER LANKA P.O. LANKA DIST. HOJAI ASSAM PIN 78244 Advocate for the Petitioner : MR. R ALI Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI