Subhash Nath Mazumdar v. Nirendra Kumar Nath and 5 Ors. H

ORDER

29.05.2024 (Vijay Bishnoi, CJ)

This writ appeal has been filed by the appellant being aggrieved with the order dated 02.12.2022, passed by the learned Single Judge in WP(C) 3302/2022. The dispute before the learned Single Judge was regarding appointment of the President of the School Management and Development Committee (SMDC) of CMHS School, Katlicherra, Hailakandi. In the impugned order, the learned Single Judge has observed that neither the respondent No. 1/writ petitioner could claim for the post of the President of the SMDC nor was the appointment of the appellant/respondent No. 6 in the writ petition in accordance with law, as their names had not been recommended and forwarded for the post of President as per the modified guidelines dated 24.06.2016, wherein the procedures for appointment of President of SMDC have been provided. The learned Single Judge has, therefore, issued a direction to the concerned respondent authority to duly select and nominate the person concerned from amongst the names recommended by the Inspector of Schools for the post of President of the SMDC in Page No.# 3/3 question. Having heard the learned counsel for the parties and considering the fact that the learned Single Judge has issued a direction for holding a fresh selection for the post of President of the SMDC of the school concerned, we do not find any case for interference. However, the appellant is free to apply for the post of President of the SMDC, in accordance with law. With the above observations the writ appeal stands disposed of.

JUDGE CHIEF JUSTICE Comparing Assistant

PageoNo.#o1/3 GAHC010124952023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/145/2024o SUBHASHoNATHoMAZUMDARo S/O-oLATEoSUKUMARoNATHoMAZUMDARoR/O-oVILLoKATLICHERRAoBAZAR ,oP.O-oKATLICHERRAo.DIST-oHAILAKANDI,oASSAM,oPIN-788161 VERSUSo NIRENDRAoKUMARoNATHoANDo5oORS.oHo S/O-oLATEoNORESHoCHANDRAoNATHoR/O-oVILLAGEoRANGABAKoPART-IIo P.Oo-oKATLICHERRAoDIST-oHAILAKANDI,ASSAM 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oDEPTT.oOFoSECONDARYoEDUCATION oDISPUR oGUWAHATI-6 3:THEoDIRECTORoOFoSECONDARYoEDUCATION oASSAMoKAHILIPARA oGUWAHATI oASSAM oPIN-781019 4:THEoDEPUTYoCOMMISSIONER oHAILAKANDIoASSAM 5:THEoINSPECTORoOFoSCHOOLS oHAILAKANDI oASSAM 6:THEoPRINCIPAL oC.M.H.SoSCHOOL Page No.# 2/3 KATLICHERRA HAILAKANDI ASSAM 78816 Advocate for the Petitioner : MR. K A MAZUMDER Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM