Md. Hafizur Rahman and Anr v. The State of Assam and 5 Ors

PageoNo.#o1/3 GAHC010098782024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/167/2024o MD.oHAFIZURoRAHMANoANDoANRo S/OoKHADIBURoRAHMANo RESIDENToOFoVILLAGEoRAMPURoPAM,oCHALAPATHAR,oPOo CHALAPATHAR,oPSoBATADRAVA,oDISToNAGAON,oASSAMo782122 2:oABULoKALAM oS/OoLATEoSAMARoALI.o RESIDENToOFoVILLAGEoRAMPURoSATRAoPOoKADOMONI oPSoBATADRAVA oASSAMo78212o VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o DEPARTMENToOFoSCHOOLoEDUCATIONoDEPARTMENT,oDISPUR,o GUWAHATI-o781006. 2:THEoDIRECTORoOFoSECONDARYoEDUCATION oASSAMoKAHILIPARA oGUWAHATIo781019 3:THEoINSPECTORoOFoSCHOOLS oNAGAONoDISTRICT oASSAMo782001 4:THEoDEPUTYoCOMMISSIONER oNAGAONoDISTRICT oASSAMo782001 5:ABUoZAFARoSIDDIQUE oS/O-oLATEoABULoHUSSAIN oR/O-oVILLAGEoKADAMONI Page No.# 2/3 P.O-KADAMONI P.S-BATADRAVA DIST-NAGAON ASSAM PIN-782122 ASSAM 6:NAZRUL ISLAM S/O MD. MOFIZUDDIN R/O VILLAGE RAMPUR PAM P.O. CHALAPATHAR P.S. BATADRAVA NAGAON ASSAM PIN 782122 For the appellants : Mr. P. Chakraborty, Advocate For the respondents : Mr. R. Mazumdar, S.C., Education Mr. A. Deka, Advocate for Respondent Nos.5 and 6.

– B E F O R E – HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE SUMAN SHYAM 28-08-2024 (Vijay Bishnoi, C.J.) The nomination of the appellants herein as President and Vice President of the School Management & Development Committee (SMDC) of Rampur Chalapathar Sahed Ali High School was interfered by the learned Single Judge taking into consideration the admission on the part of the counsel for the writ petitioners that their nomination as President and Vice President of the SMDC was not in accordance with the guidelines issued vide Notification dated

27.06.2016. The learned Single Judge has remanded the matter to the concerned authorities to initiate fresh selection process for the post of President and Vice President of the SMDC of the school in question within the stipulated Page No.# 3/3 time. Taking into consideration the fact that it was fairly admitted on behalf of the writ petitioners (appellants herein) before the learned Single Judge that their nomination as the President and Vice President of the SMDC of the school in question was not in accordance with the guidelines issued vide Notification dated 27.06.2016, we do not find any illegality in the impugned judgment and order dated 25.04.2024 passed by the learned Single Judge in W.P.(C) 6054/2023 and hence, this writ appeal is dismissed.

JUDGE CHIEF JUSTICE Comparing Assistant