Mousumi Bhattacharjee and 5 Ors v. The State of Assam and 4 Ors

ORDER Date : 29.07.2024

Heard Mr. D. Sinha, learned counsel for the petitioners. Also heard Mr. U. Sharma, learned standing counsel, Secondary Education Department for the respondent Nos. 1, 2 and 5 and Mr. T. C. Chutia, learned standing counsel, AHSEC for the respondent Nos. 3 and 4.

¶2The petitioners are subject Teachers of different subjects of Binnakandi Higher Secondary Education under Cachar district and are aggrieved with the Notification dated 6th of April, 2024, issued by the Secretary to the Assam Higher Secondary Education Council on the ground that by the said Notification, information was given to all the head of Institutions to go for on-line registration for processing admission for the academic year 2024-2025. However, when the petitioners' school submitted the application on 12.04.2024, before the concerned branch of the council for registration of the School in the "DARPAN" portal, the said portal was not open for on-line uploading the profile in respect of the petitioners' School for processing admission of students into the Higher Secondary first year class for the Session 2024-2025. It is the case of the petitioner that the petitioners' school has the Institution Code of the "DARPAN" portal in the previous session for admission of Higher Secondary first year class and also having the new Dise Code. The further case of the petitioners is that Page No.# 4/5 the Deputy Secretary to the Govt. of Assam, Education (Secondary) Department by a letter dated 1st of September, 2005 addressed to the Director of Secondary Education, Assam informed that the Government has accorded permission to open first year Higher Secondary class in Arts stream in respect of the Binnakandi Higher Secondary School, Silchar, Cachar. It is therefore submitted that as the "DARPAN" portal is not accepting the on-line registration of the candidates of the petitioners' school for first year Higher Secondary class for the Session 2024-2025, no admission can be taken in the said School.

¶3Mr. T. C. Chutia, learned standing counsel, Assam Higher Secondary Education Council submits that as the Government has given permission to open first year Higher Secondary class in Arts stream with regard to the petitioners' School, the petitioners may be directed to submit all necessary required documents before the Assam Higher Secondary Education Council on or before 2nd of August, 2024. He further submits that if the petitioners' School submits the required documents, there should be no impediment to allow the petitioners' school to get registration for admission to the Higher Secondary first year class for the session 2024-2025.

¶4Recording the submission made by the learned standing counsel, Assam Higher Secondary Education Council, this writ petition is disposed of directing the petitioners' school to furnish all necessary required documents before the Assam Higher Secondary Education Council on or before 2nd of August, 2024. Thereafter, the Assam Higher Secondary Education Council on verification of all the documents shall permit the petitioners' School for processing on-line Page No.# 5/5 admission to the Higher Secondary first year Arts stream for the Session 2024-2025.

¶5With the above observations and direction, this writ petition is disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010146152024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3739/2024o MOUSUMIoBHATTACHARJEEoANDo5oORSo W/O-oARUPoCHAKRABORTY,oR/O-oAMIYOoCOMPLEX,oFLAToNO.o3/D,o4THo FLOOR,o2NDoLINKoROAD,oSILCHAR-6,oCACHAR,oASSAM,oPIN-o788126. 2:oRINAoYADAV oD/O-oJAGANNATHoGOALA oR/O-o2NDoLINKoROAD oLANEoNO.o12 oH/NO.o05 oSILCHAR oCACHAR oASSAM oPIN-o788006. 3:oMANNAoKISHOREoDAS oS/O-oLATEoRAJKUMARoDAS oR/O-o2NDoLINKoROAD oLANEoNO.o13 oH/NO.o10(A) oP.O.oLINKoROAD oSILCHAR oCACHAR oASSAM oPIN-o788006. 4:oMEERAoBOWRI oD/O-NABAJIBANoBOWRI oR/O-VILL.oANDoP.O.oBINNAKANDIoTE oP.S.oLAKHIPUR oDIST.oCACHAR oASSAM oPIN-o788126. 5:oPAWANoKUMARoTEWARI Page No.# 2/5 S/O- PYARILAL TEWARI R/O- VILL. AND P.O. NUTAN RAMNAGAR P.S. SONAI DIST. CACHAR ASSAM PIN- 788126. 6: RAMBABU GOALA S/O- LATE LALJI GOALA R/O- VILL.- KHALKURI P.O. BINNAKANDI TEA ESTATE P.S. LAKHIPUR DIST. CACHAR ASSAM PIN- 788126 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI-781006. 2:THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA ASSAM GUWAHATI-781019. 3:ASSAM HIGHER SECONDARY EDUCATION COUNCIL REPRESENTED BY ITS CHAIRMAN BAMUNIMAIDAM GUWAHATI-21. 4:SECRETARY TO THE ASSAM HIGHER SECONDARY EDUCATION COUNCIL BAMUNIMAIDAM GUWAHATI-21. 5:THE INSPECTOR OF SCHOOLS CACHAR CDC DIST. CACHAR ASSAM PIN- 788126 Advocate for the Petitioner : MR D C NATH Page No.# 3/5 Advocate for the Respondent : SC, SEC. EDU. BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR