Kurban Ali L P School and Anr v. The State of Assam and 4 Ors

ORDER Date : 08.01.2024

The present petition has been instituted by the petitioners raising the grievance with regard to the amalgamation of Kurban Ali L.P. School with 863 No. Mirzapur Gangpar L.P. School vide notification dated 30.04.2022.

¶2It is the contention of the petitioner that the said amalgamation was in clear violation of the provision of the Office Memorandum dated 22.09.2016. The school, i.e. Kurban Ali L.P. School had earlier instituted WP(C) 5138/2022 on the same issue and this Court vide order dated 08.08.2022 required the present petitioners to file an appeal before the Secretary, Elementary Education within 15 days thereof and the Secretary, Elementary Education was to consider and dispose of the same by way of a speaking order.

¶3It is the contention of the petitioner that they had by registered post submitted an appeal before the Director of Elementary Education and thereafter a legal notice was sent to the Secretary on 28.04.2023. Page No.# 3/3

¶4In view of the above, this petition stands disposed of requiring the petitioner and the school management committee of Kurban Ali L.P. School as it stood before amalgamation to submit a detailed appeal before the Secretary, Department of School Education, Assam against the amalgamation of the school with 863 No. Mirzapur Gangpar L.P. School as effected vide notification dated 30.04.2022, within 15 days from today along with the certified copy of this order. The said appeal shall be submitted by the petitioner through the Director, Elementary Education, Assam. The Director Elementary Education on receipt the said appeal shall forward it to the Secretary, Department of School Education, Govt. of Assam for doing the needful.

¶5The Secretary, Department of School Education shall on receipt of the appeal consider the same and if required by hearing the school management committee of the two schools involved dispose of the appeal by way of a speaking order.

¶6The exercise as required to be done, shall be initiated and concluded with the issuance of a speaking order within a period of 3 (three) months from the date of the appeal is received by the Secretary, Department of School Education, Assam.

¶7With the above observation and direction, the writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010166912023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4487/2023o KURBANoALIoLoPoSCHOOLoANDoANRo REPRESENTEDoBYoITSoGUARDIANoMEMBERoMIJAJURoRAHMANoAGEo45o YEARS,oS/O-oSAMSULoHOQUE,oVILLAGE-oFARHADPUR,oPOo BHANGABAZAR,oPSoBADARPUR,oDIST.-oKARIMGANJ,oASSAM 2:oKAMRULoISLAM oS/O-oLATEoMOTIURoRAHMAN oR/O-oVILLAGEoANDoPOoLAMAJUAR oPSoBADARPUR oDIST.-oKARIMGANJ oASSAo VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVTo OFoASSAM,oDEPATT.oOFoEDUCATIONo(ELEMENTARY)oDISPUR,oGUWAHATI- 2:THEoDIRECTORoOFoELEMENTARYoEDUCATION oKAHILIPARA oGUWAHATI-22 3:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oOFoKARIMGANJoDISTRICT oDISTRICToCIRCLE oKARIMGANJ oPO oPS oDIST-oKARIMGANJ oASSAM oPIN-o788710 4:THEoBLOCKoELEMENTARYoEDUCATIONoOFFICER Page No.# 2/3 BADARPUR BLOCK PS- BADARPUR DIST.- KARIMGANJ ASSAM 5:MANAGING COMMITTEE OF THE 863 NO. MIRZAPUR GANGPAR LP SCHOOL REPRESENTED BY ITS PRESIDENT VILLAGE- GANGPAR PO- BHANGABAZAR PS- BADARPUR DIST.- KARIMGANJ ASSA Advocate for the Petitioner : MR H R CHOUDHURY Advocate for the Respondent : SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR