Abdur Rahim v. The State of Assam and 5 Ors

PageoNo.#o1/3 GAHC010088222024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/142/2024o ABDURoRAHIMo S/OoSOBANoALI,oR/OoVILL.oHABIoDONGRAoP.O.oHABIoDONGRAoP.S.o BAGHBORoDIST.oBARPETAoASSAM,oPIN-781306 VERSUSo

1.THEoSTATEoOFoASSAMoANDo5oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAMo EDUCATIONoSECONDARYoDISPURoASSAMoGUWAHATI-6 2:THEoDIRECTORoOFoSECONDARYoEDUCATIONoASSAM oKAHILIPARAoGUWAHATI-19oASSAM 3:THEoDEPUTYoCOMMISSIONERoBARPETA,oASSAMoPIN-781301 4:THEoINSPECTORoOFoSCHOOLS oBARPETAoDIST.oCIRCLE,oDIST.oBARPETAoASSAMoPIN-781301 5:THEoPRINCIPAL oBAMUNDONGRAoHSoSCHOOL oVILL.oANDoP.O.oBAMUNDONGRAoDIST.oBARPETAoASSAM oPIN-781308 6:AMINULoHOQUE oS/OoSAHoSULTAN oR/OoVILL.oBAMUNDONGRAoP.O.oBAMUNDONGRA oP.S.oBAGHBORoDIST.oBARPETAoASSAMoPIN-78130o For1the1Appellant111111111111111111:111Mr.1S.B.1Laskar,1Advocate. ooooooooooooooooooooooooooooooooooooooooooo :111Mr.1A.H.1Ahmed,1Advocate. ooooooooooooooooooooooooooooooooooooooooooo :111Ms.1D.1Dutta,1Advocate. ooooooooooooooooooooooooooooooooooooooooooo :111Mr.1H.1A.1Laskar,1Advocate. Page No.# 2/3 For the Respondent(s) : Ms. A. Das, Standing Counsel, Secondary Education Department.

: Ms. S. Konwar, Junior Government Advocate, Assam. – BEFORE – HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE SUMAN SHYAM

20.05.2024 (Vijay Bishnoi, CJ)

This writ appeal is filed by the appellant/writ petitioner being aggrieved with the order dated 02.04.2024 passed by the learned Single Judge in WP(C) No.6818/2022, whereby the writ petition filed by the appellant/writ petitioner has been dismissed. The appellant/writ petitioner has preferred the writ petition being aggrieved with the appointment of respondent No.6 in the writ petition as the President of the School Management and Development Committee (SMDC) of Bamundongra Higher Secondary School. The learned Single Judge, after scrutinizing the material available on record, has come to the conclusion that the respondent No.6 in the writ petition satisfies the criteria as mandated in the Notification dated 24.06.2016 for being nominated as the President of the SMDC concerned and the writ petitioner has failed to make out a case that the procedure laid down has not been followed in its letter and spirit. The learned Single Judge has also observed that the writ petitioner has not levelled any allegation of mala fide against the Deputy Commissioner and/or the Guardian Minister of the District. The learned Single has further observed that when the procedure laid down, has been followed and this Court while exercising power under Article 226 of the Constitution of India, Page No.# 3/3 is not required to go into the merits of the decision and when the decision making process is not suffering from any procedural illegality, the same is not liable to be interfered with. Learned counsel appearing for the appellant has failed to persuade us to take a different view. Hence, we do not find any merit in this writ appeal and accordingly, the same is dismissed.

JUDGE CHIEF JUSTICE

Comparing Assistant