The President, the School Managing Committee of Milan Adabari M E School and Anr v. The State of Assam and 5 Ors

ORDER Date : 06.05.2024

Heard Mr. R.C. Saikia, learned counsel for the petitioners. Also heard Mr. SMT Chistie, learned Standing counsel, School Education Department, for all the respondents. The petitioners before this Court are the President and Secretary of the School Managing Committee of Milan Adabari M.E. School, village – Adabari, Page No.# 3/4 Post Office – Adabari in the district of Nalbari. They are aggrieved with the order dated 24.07.2023, by which their school has been merged with the Pub-Barketri Milan Secondary School, pursuant to the Office Memorandum dated 03.08.2021 which provides the Siksha Khetra Scheme for amalgamation and merger of the schools. It is the case of the petitioners that they have 187 Students and their school is not in the same campus with the Pub-Barkhetri Anchalik Girl's High School. Therefore, a challenge is made to the amalgamation on the aforesaid two grounds. Clause-19 of the Office Memorandum dated 3rd August, 2021 provides that from any dispute arising out of an order issued by the Director, the aggrieved institution/public may appeal before the Government in the Secondary Education or Elementary Education Department as the case may be. The petitioners have made representation praying for cancellation of the amalgamation order to the Director of Elementary Education Officer, Kahilipara, Guwahati on 17.08.2013. However, on consideration of the representation, this Court is of the considered opinion that the representation is not in terms of Clause-19 of the O.M. dated 3rd August, 2021. Accordingly, this writ petition is disposed of directing the petitioners to file an appeal in terms of Clause-19 of the O.M. dated 3rd August, 2021 before the Government in the Secondary Education or Elementary Education Department as the case may be, within a period of two weeks from today. Thereafter, on receipt of the appeal, the Government in the Secondary Education or Elementary Education Department shall dispose of the appeal in accordance Page No.# 4/4 with law by a speaking order within a period of one month from the date of receipt of the appeal.

The interim order of status-quo passed on 13.09.2023 shall remain in force till the appeal is disposed of by the Government.

With the above observations and directions, this writ petition is disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010197662023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5260/2023o THEoPRESIDENT,oTHEoSCHOOLoMANAGINGoCOMMITTEEoOFoMILANo ADABARIoMoEoSCHOOLoANDoANRo VILLAGE-oADABARI,oP.O.oADABARI,oINoTHEoDISTRICToOFoNALBARI,o REPRESENTEDoBYoNAGENoKALITA,oAGEDo50oYEARS,oSONoOFoLATEoGAURI KALITA,oVILLAGE-oADABARI,oP.O.-oADABARI,oINoTHEoDISTRICToOFo NALBARI,oASSAM.oPIN-o781314. 2:oTHEoSECRETARY oTHEoSCHOOLoMANAGINGoCOMMITTEEoOFoMILAMoADABARIoM.E.o SCHOOL oVILLAGE-oADABARI oP.O.-oADABARI oINoTHEoDISTRICToOFoNALBARI oREPRESENTEDoBYoATIKURoRAHMAN oAGEDo56oYEARS oVILLAGE-oADABARI oP.O.-oADABARI oINoTHEoDISTRICToOFoNALBARI oASSAM.oPIN-o781126o VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,o ELEMENTARYoEDUCATIONoDEPARTMENT,o DISPUR,oGUWAHATI-o781006. 2:THEoPRINCIPALoSECRETARY oGOVERNMENToOFoASSAM oSECONDARYoEDUCATIONoDEPARTMENT oDISPUR oGUWAHATI-o781006. Page No.# 2/4 3:THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GUWAHATI- 781019 ASSAM. 4:THE DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA GUWAHATI- 781019 ASSAM. 5:THE INSPECTOR OF SCHOOLS N.D.C. NALBARI DISTRICT- NALBARI PIN- 781335 ASSAM. 6:DISTRICT ELEMENTARY OFFICER NALBARI DISTRICT- NALBARI PIN- 781335 ASSAM Advocate for the Petitioner : MR. R C SAIKIA Advocate for the Respondent : SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR