Azmal Hoque v. The State of Assam and 5 Ors

ORDER Date : 08.01.2024

Heard Mr. R. Ali, learned counsel for the petitioner. Also heard Mr. A. Phukan, learned standing counsel, Elementary Education Department, appearing on behalf of respondents No. 1, 2, 4 & 5; and Mr. G. Pegu, learned Addl. Senior Government Advocate, appearing on behalf of respondent No. 3.

The petitioner who projects himself to be the President of the SMC of Mantur Chupa Kurihamari LP School, has instituted the present proceedings, raising a grievance with regard to non-implementation of the directives passed by the DEEO, Nalbari, vide his communication, dated 14.09.2023, wherein, the proposal to shift the said school to a location within 65 No. Kurihamari-Barsulia GP was approved. It is seen from the materials brought on record that while the petitioner in the present proceeding, claimed that the school must be shifted to Village No. 3 Barbala whereas there is a report that another section of people demanded to have the said school at Village No. 5 Barbala. It is also stated that both the Village No. 3 Barbala and Village No. 5 Barbala falls under 65 No. Kurihamari-Barsulia GP.

In view of the said position, this writ petition is hereby disposed of by directing the petitioner to prefer an appropriate representation before the Director, Elementary Education Department, giving complete justification about their claim to have the school in question established at Village No. 3 Barbala Page No.# 3/3 under 65 No. Kurihamari-Barsulia GP. The said representation be filed by the petitioner along with a certified copy of this order within a period of 15 days from today. On receipt of the same, the Director, Elementary Education Department, shall after causing a field verification through its departmental officers, pass a speaking order as to where the school i.e. Mantur Chupa Kurihamari LP School, should be established. The school accordingly shall function at the site, the Director, Elementary Education Department, after examination and verification, shall so decide. If the Director, Elementary Education Department, is of the opinion that the School Management Committee(SMC) of the said school is required to be given an opportunity of hearing, appropriate and due notice be given to the SMC of the school in question to make their submissions before the Director, Elementary Education Department, before a decision is taken.

With the above observations and directions, the writ petition stands disposed of at the motion stage itself.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010221112023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5815/2023o AZMALoHOQUEo S/OoHAYEToALIo VILL-oKURIHAMARIo P.O.oBHANGNAMARI,oP.S.oSIALMARIo DIST.oNALBARI,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o ELEMENTARYoEDUCATIONoDEPARTMENT,oDISPUR,oGUWAHATI-06. 2:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAMoKAHILIPARAoGUWAHATI-19 3:THEoDISTRICToCOMMISSIONERoNALBARIoDIST.oNALBARIoASSAM 4:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICERoNALBARI oDIST.oNALBARIoASSAM 5:THEoBLOCKoELEMENTARYoEDUCATIONoOFFICERoBARKHETRYo DIST.oNALBARIoASSAM 6:THEoHEADoMASTERoMANTURoCHOPAoLPoSCHOOLoKURIHAMARI oP.O.oBHANGNAMARIoP.S.oSIALMARIoDIST.oNALBARIoASSAM AdvocateoforotheoPetitionerooooo:oMR.oRoALIo AdvocateoforotheoRespondento:oSC,oELEM.oEDUoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR