Rezzak Hossain v. The State of Assam and 8 Ors

ORDER Date : 18.06.2024

Heard Mr. M. A. Islam, learned counsel for the petitioner. Also heard Ms. S. Chutia, learned counsel for the respondents no. 1, 2, 5 & 6 and Mr. P. Saikia, learned counsel for the respondent no. 4; Ms. S. Bora, learned Standing Counsel for the SSA appearing for the respondent no. 3 as well as Mr. R. Islam, learned counsel for the respondent no. 9. None has appeared for the respondents no. 7 & 8. Page No.# 3/4 The grievance raised in the present proceedings pertains to the approval granted by the District Elementary Education Officer (DEEO), Dhubri, vide the communication dated 20.02.2024 for constitution of the School Managing Committee (SMC) of Berbhangi M.E. Madrassa with the respondent no. 9 as its President. It is the contention of the petitioner that the resolution as approved vide the communication dated 20.02.2024 was arrived at in the general meeting of the parents, guardians and local people of Berbhangi M.E. Madrassa held on 12.12.2023, wherein the petitioner herein was recommended as the President of the SMC, however, without the said resolution being amended and or, a fresh resolution being taken in the matter, the DEEO, Dhubri without jurisdiction had proceeded to approve the SMC of the school vide the communication dated 20.02.2024 with the respondent no. 9 as its President. Both the learned counsel for the respondent no. 9 as well as S. Chutia, learned Standing Counsel has submitted that after the meeting convened by the school authorities on 12.12.2023, there were developments taking place in the matter and the DEEO, Dhubri in view of the complaints received, had conducted a hearing on 29.12.2023 in the matter and thereafter only the impugned order dated 20.02.2024 was issued. It is contended that subsequent to the resolution adopted by the school authorities on 12.12.2023, the parties had thereafter conducted a process of selection in the presence of the DEEO, Dhubri wherein the respondent no. 9 is stated to be selected as the President of the SMC of the said school. However, on perusal of the communication dated 20.02.2024, by which the DEEO, Dhubri had granted his approval to the constitution of the Page No.# 4/4 SMC of the school in question, the said aspects of the matter are not reflected and the same is solely based on the minutes as adopted in the general meeting of the parents, guardians of the school in question held on

12.12.2023. The developments as stated to have taken place in the matter after the holding of the said meeting on 12.12.2023 has also not been brought on record. In view of the above and as agreed to by the learned counsel for the parties to the proceeding, the impugned order dated 20.02.2024 stands interfered with. On account of the interference made with the order dated 20.02.2024, the SMC as constituted in the matter would now become non-functional. The post of President of the SMC would now be held by the DEEO, Dhubri and/or a, departmental official nominated by him in this connection. The DEEO, Dhubri is further directed to constitute a SMC for the said school, strictly, in accordance with the provisions of the "Assam Right of Children to Free and Compulsory Education Rules, 2011 more particularly, Rule 13 thereof. The said exercise shall be initiated and completed by the DEEO, Dhubri within a period of 2(two) months from the date of receipt of a certified copy of this order. Accordingly, the writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010051102024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooooWP(C)/1052/2024 REZZAKoHOSSAIN S/OoABDULoMOZIDoPRODHANI o RESIDENToOFoVILLAGEoBINNACHARAoPARToI oPOoBALADOBA oPSoGOLAKGANJ oDISToDHUBRI oASSAMo783354 oVERSUS THEoSTATEoOFoASSAMoANDo8oORS REPRESENTEDoBYoTHEoCOMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFo ASSAM oELEMENTARYoEDUCATIONoDEPARTMENT oDISPURoGUWAHATIo06 2:THEoDIRECTORoOFoELEMENTARYoEDUCATIONoASSAM KAHILIPARAoGUWAHATIo19 o3:THEoMISSIONoDIRECTORoSSA ASSAM oKAHILIPARA oGUWAHATIo19 o4:THEoDEPUTYoCOMMISSIONER DHUBRI oASSAMo783301 o5:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICERo(DEEO) DHUBRI oASSAMo783301 o6:THEoB.E.E.OoGOLAKGANJ Page No.# 2/4 GOLAKGANJ DHUBRI ASSAM 783334 7:THE HEADMASTER CUM MEMBER SECRETARY BERBHANGI M.E MADRASSA VILLAGE BERBHANGI PART II PO BALADOBA DIST DHUBRI ASSAM 783334 8:THE SCHOOL MANAGING COMMITTEE REPRESENTED BY THE PRESIDENT OF THE BERBHANGI M.E MADRASSA VILLAGE BERBHANGI PART II PO BALADOBA DIST DHUBRI ASSAM 783334 9:MOFIJUL HOQUE S/O LATE KASIMUDDIN SHEIKH RESIDENT OF BINNACHARA PART I PO BALADOBA PS GOLAKGANJ DIST DHUBRI ASSAM 783334 ------------ Advocate for : MR M A ISLAM Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 8 ORS BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR