Golap Hussain v. The State of Assam and 6 Ors

ORDER Date : 01.04.2024

Heard Mr. S.S. Islam, learned counsel for the petitioner, Ms. S. Konwar, learned counsel for the respondent nos. 1 and 2, Ms. M. Barman, learned Govt. advocate, representing the respondent nos. 3, 4 and 5 as well as Mr. D. Musahary, learned standing counsel for Secondary Education Department, representing the respondent nos. 6 and 7.

¶2The petitioner claims to be a businessman and he has come to know from some reliable source about misappropriation of funds regarding mid-day meal Page No.# 3/4 and appointment of teachers in the Dakshin Jania Oriental High School in the district of Barpeta. Claiming to be a responsible citizen, the petitioner has made a RTI application seeking for certain particulars. The information, sought for are extracted below:

¶1Order copy of school recognisation of Class X of Dakshin Jania Oriental High School.

¶2Statement showing the particulars of students in H.S.L.C. Examination 2010.

¶3Conversion order from 3(three) classes to 6(six) classes in respect of D.J.O. High School.

¶4School provincialisation order copy.

¶5Photo copy of Attendance Regt. of Teaching Staff from the session 2002 to 2012. Mentioned that in ever/ session of three months (January, February and March) only.

¶6Order copy of valid Managing Committee from 2002 to 2013, which was been approved by Inspector of Schools, Barpeta.

¶7Proceeding copy and M.C.'s resolution no. and date which are been existing teachers and all category employees along which with their post approval order by the department authority in concern school.

¶8Statements/ Utilization showing disbursement Ad-hoc grant, Financial Assistance/ etc. from the session 2002 to 2012, who are working in the sanctioning post.

¶9Advertisement order copy of teachers which are been appointed from 2002 to 2012, as per instruction of Inspector of Schools, BDC, Barpeta.

¶10Who was the Head Master of D.J.O. H.S. School in the year of 2009-2010-2011.

¶3We do not find any of the query relevant for ascertaining any live issues regarding the siphoning of mid day meal scheme money or appointment of teachers. Therefore, the writ petition is found to be misconceived and appears Page No.# 4/4 to have been filed for some collateral or oblique purpose. Accordingly, the writ petition stands dismissed in limine without issuance of notice on the respondent.

¶4The learned Govt. advocate and learned standing counsel for the respondents shall transmit a downloaded copy of the order to the concerned respondents.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010057762024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1715/2024o GOLAPoHUSSAINo SONoOFoLATEoA.oMUTALEB,o VILL-oANDoP.O.-oSITOLI,o P.S.-oBAGHBAR,oDISTRICT-oBARPETA,o ASSAM,oPIN-o781308. VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,o DEPARTMENToOFoELEMENTARYoEDUCATION,o DISPUR,oGUWAHATI-6. 2:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-19. 3:THEoASSAMoINFORMATIONoCOMMISSION oGADAPANIoPATH oJURIPAR oPANJABARI o GUWAHATI-o781037. 4:THEoSTATEoPUBLICoINFORMATIONoOFFICER oASSAMoINFORMATIONoCOMMISSION oJURIPAR oPANJABARI oGUWAHATI-37. Page No.# 2/4 5:THE DISTRICT COMMISSIONER BARPETA. 6:THE INSPECTOR OF SCHOOLS BARPETA DISTRICT CIRCLE SUNDARIADIA BHERA ASSAM 781314. 7:THE HEADMISTRESS DAKSHIN JANIA ORIENTAL HIGH SCHOOL VILL- SITOLI P.O.- SITOLI P.S.- BAGHBOR DIST- BARPETA ASSAM PIN- 781308 Advocate for the Petitioner : MR M J QUADIR Advocate for the Respondent : SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA