Jamir Uddin v. The State of Assam and 6 Ors

PageoNo.#o1/3 GAHC010180592024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4479/2024o JAMIRoUDDINo SONoOFoRUSTOMoALI,o RESIDENToOFoVILLAGEoPHALIHAMARIoPATHAR,o P.O.-oPHALIHAMARIoPATHAR,o DISTRICT-oMORIGAON,oASSAM,o PIN-o782127. VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOF ASSAM,o EDUCATIONo(ELEMENTARY)oDEPARTMENT,o DISPUR,oGUWAHATI-o781006. 2:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-o19. 3:THEoDISTRICToCOMMISSIONERo(DC) oMORIGAON oDISTRICT-oMORIGAON oASSAM oPIN-o782105. 4:THEoADDITIONALoDISTRICToCOMMISSIONERo(EDUCATION)oMORIGAON oASSAM oPIN-o782105. 5:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICERo(DEEO) oMORIGAON Page No.# 2/3 DISTRICT-MORIGAON ASSAM PIN-782105. 6:THE BLOCK ELEMENTARY EDUCATION OFFICER (BEEO) LAHARIGHAT EDUCATION BLOCK P.O.- LAHARIGHAT DISTRICT-MORIGAON

ASSAM PIN-782127. 7:THE HEADMASTER OF PHALIHAMARI PATHAR M.V. SCHOOL P.O.- PHALIHAMARI DISTRICT-MORIGAON

ASSAM PIN-782127 Advocate for the Petitioner : MR. B RAHMAN, Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 13/09/2024 Heard Mr. T J Mahanta, learned Senior counsel assisted by Mr. B Ahmed, learned counsel for the petitioner and Ms. S Chutia, learned Standing counsel, Elementary Education Department for the respondent Nos. 1, 2, 5 & 6. Also heard Mr. G Pegu, learned Government Advocate, Assam for the respondent Nos. 3 & 4. The petitioner is the President of the School Management Committee (SMC) of Phalihamari Pathar M.V. School under the Laharighat Education Block of District-Morigaon. The District Elementary Education Officer, Morigaon by communication dated 13.08.2024 instructed the Block Elementary Education Officer, Laharighat to initiate a proceeding to remove the petitioner from the SMC of the said school as per Rule 5 of the Assam Right of Children to Free and Compulsory Education Rules, 2011 and to reconstitute the SMC of the said school as per Section 21 of the Rights of Children to Free and Compulsory Education Act, 2009. Aggrieved with the same, the Page No.# 3/3 petitioner has filed this writ petition. Ms. S Chutia, learned Standing counsel, Elementary Education Department submitted that pursuant to the order of the Court dated 03.09.2024, the District Elementary Education Officer, Morigaon has withdrawn the said communication dated 13.08.2024. In view of the above, nothing survives to be adjudicated in this writ petition. Accordingly, this writ petition, being infructuous, stands dismissed.

JUDGE Comparing Assistant