Matior Rahman and 26 Ors v. The State of Assam and 13 Ors

ORDER Date : 11.01.2024

Heard Mr. Bijon Ch. Das, learned senior counsel, assisted by Mr. S. Choudhury, learned counsel, appearing on behalf of the petitioners. Also heard Mr. P. K. Borah, learned standing counsel, Elementary Education Department, appearing on behalf of all the respondents.

¶2The petitioners have instituted the present proceedings, assailing the action on the part of the Respondents No. 10, 13 and 14, in arriving at a decision to close down the school named named "Red Horns Public School" managed by the 21st Mountain Division of the Indian Army at Rangia.

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¶3The requisite facts for adjudication of the issues as arising in the present proceedings, may be noticed as under:

The "Red Horns Public School" was established on 01.01.1988 as "Red Horns Primary School" in the Rangia military station primarily for imparting elementary and primary education to the wards of the army personnel and their families in the station due to lack of educational facilities and the then prevailing intense counter insurgency/terrorism in Lower Assam. In the year 1993, the management of the school was taken-over by 21st Mountain Division, Rangia, and the school was renamed as "Red Horns Public School". The said school was a no loss, no profit institution with no funding either from the Central Government or the State Government. On 30.10.2014, the District Elementary Education Officer(DEEO), Kamrup, granted recognition to the said school under the provisions of Rule 11(4) of the Right of Children to Free and Compulsory Education Rules, 2011, for a period of 3 years w.e.f. 30.10.2014 till 30.10.2017, and the said school was required to be run as a private institution. The said school, on 04.04.2012, was also granted permission by the Government in the Elementary Education Department, Assam, under the provisions of the "Assam Non-Government Educational Institution (Regulation and Management) Act, 2006", and "Assam Non-Government Educational Institution(Regulation and Management) Rules, 2007".

In the year 2017, a decision was arrived at by the management of the school to close down the school and accordingly, a notice came to be issued on

01.03.2017 informing all concerned that the school would stand closed down Page No.# 8/12 w.e.f. 01.04.2017 and accordingly, the Transfer Certificates of the students studying in the said school was to be taken by the parents/guardians before

31.03.2017. The said decision to close down the school was contested by the parents/guardians of the students studying in the said school as well as the public of the area where the school was situated. The objections as raised in the matter, led the Commissioner and Secretary to the Government of Assam, Elementary Education Department, to issue a communication, dated 27.03.2017, requesting the management of the said school to keep the school running till alternative arrangements are made for resolving the situation which was then prevailing in the area.

¶4It is to be noted that inspite of the said decision, the school was closed down on 01.04.2017 and the school remained closed till 28.01.2018. Thereafter, at the initiative of the parents/ guardians as well as the public of the area, the school was reopened w.e.f. 06.02.2018, in a rented accommodation nearby to the original location of the school.

¶5The present proceedings were initiated by the parents/guardians of the students studying in the said school requiring a direction upon the army authorities to permit the school to function from its earlier location i.e. within the Headquarters of the 21st Mountain Division of the Indian Army at Rangia.

¶6In view of the said decision as coming on record, this Court had required the Director, Elementary Education, Assam, to place on record, the stand of the Government in the matter and accordingly, Mr. Borah, learned standing counsel, Page No.# 9/12 Elementary Education Department, had placed on record, a communication, dated 10.01.2024, wherein, it has been, inter alia, stated that after the school had remained closed till 28.01.2018, the school was reopened on 06.02.2018, in a rented accommodation nearby to the original location of the school. It was contended that as the original school was no longer in existence and there being a change in the ownership of the school, fresh permission and registration for the said school was required to be obtained by the present management of the school in terms of the provisions of the said Act of 2006 and the Rules thereof of 2007. The said being a development taking place in the matter after the institution of the proceedings and having noticed that the original school operating within the campus of the army authorities no longer being in existence and the students of the said school having been accommodated in a new school established by the parents/guardians along with the local public of the area; the other facts as existing in the matter, is not being alluded to in the present proceedings.

¶7In view of the said developments as taking place in the matter; this Court is not called upon to issue any direction upon the army authorities to re-establish the said school within its campus and to allow it to function therefrom as it was so functioning prior to 01.04.2017 and accordingly, the said prayer made in the writ petition by the petitioners, stands rejected.

¶8The communication of the Director, Elementary Education Department, Assam, dated 10.01.2024, having brought on record that the present school is under a new management and for all intent and purpose, is a new school; this Page No.# 10/12 Court is of the considered view that the management of the present school is now required to obtain necessary permission and registration under the provisions of the said Act of 2006 and the Rules thereof of 2007 and accordingly, the management of the school shall submit requisite applications in this connection before the concerned authority along with all requisite particulars.

¶9Given the background under which the present school was set up and was being operated, after the school was closed down at its original site; it is provided that in the event of any such application for registration of the said school and for grant of permission of the school under the provisions of the said Act of 2006 and the Rules thereof of 2007, is made by the management of the present school, the departmental authorities shall consider the same sympathetically and grant requisite permission/ recognition to the said school under the provisions of the said Act of 2006 and the Rules thereof of 2007.

¶10It is further provided that in the event, any of the eligibility criteria as mandated under the provisions of the said Act of 2006 and the Rules thereof of 2007 for grant of such permission/recognition is not met by the school, in question; the said school shall not be denied the requisite permission/ recognition but the departmental authorities shall while granting such permission/recognition provisionally, shall grant adequate time to the management of the school, to meet such deficient eligibility criteria(s).

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¶11In the writ petition, a further prayer has been made that certain amount pertaining to the school in question while it was functioning within the campus of the 21st Mountain Division, was kept in a SBI account opened in respect of the said school and the present management although inheriting the said school in the manner indicated hereinabove, is not able to access the said account and operate the same.

¶12In view of the said position, it is provided that the present management of the school, in question, may approach the authorities under whose control the said account of the school is presently being operated, praying for release of the amount of the school as available therein, to the present management by demonstrating that the present management had infact inherited the earlier school i.e. Red Horns Public School.

¶13On receipt of such application, the authority under whom the said account is presently under control, shall consider the same and inform the present management of the school of its decision in the matter. In the event, the authority under whom the said account of the school is presently under control, does not favourably respond to the request as made by the present management of the school, the present management of the school shall be at liberty to institute appropriate proceedings before a competent Court of civil jurisdiction for redressal of their grievances in having access to the said account of the school.

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¶14With the above observations and directions, this writ petition stands disposed of. However, there shall be no order as to costs.

JUDGE

Comparing Assistant

Page No.# 1/12 GAHC010234462017 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2006/2017 MATIOR RAHMAN and 26 ORS. VERSUS THE STATE OF ASSAM and 13 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION ELEMENTARY DEPARTMENT, DISPUR, GUWAHATI - 781006. Advocate for the Petitioner : MR.M CHANDA Advocate for the Respondent : MS.H TERANGPI Linked Case : I.A.(Civil)/1522/2017 MATIOR RAHMAN and 26 ORS. VERSUS THE STATE OF ASSAM and 13 ORS. ------------ Advocate for : MR.S CHOUDHURY Advocate for : C.G.C. appearing for THE STATE OF ASSAM and 13 ORS. Linked Case : I.A.(Civil)/20/2018 MATIOR RAHMAN PERMANENT BONAFIDE RESIDENTS OF CHEPTI RANGIA IN THE DIST. OF KAMRUP (R) ASSAM). 2: HEMANTA MAZUMDAR GUARDIAN/ RHPS PERMANENT BONAFIDE RESIDENTS OF CHEPTI RANGIA IN THE DIST. OF KAMRUP (R) PageoNo.#o2/12 oASSAM o3:oPRAMILAoDAS TEACHER/RHPS oPERMANENToBONAFIDEoRESIDENTSoOFoCHEPTI oRANGIAoINoTHEoDIST.oOFoKAMRUPo(R) oASSAM o4:oVIJAYoSHANKARoSINGH TEACHER/oRHPS oPERMANENToBONAFIDEoRESIDENTSoOFoCHEPTI oRANGIAoINoTHEoDIST.oOFoKAMRUPo(R) oASSAM o5:oTUTUMAIoCHOUDHURY TEACHER/RHPS oPERMANENToBONAFIDEoRESIDENTSoOFoCHEPTI oRANGIAoINoTHEoDIST.oOFoKAMRUPo(R) oASSAM o6:oSYEDAoNERISAoYASMIN TEACHER/RHPS oPERMANENToBONAFIDEoRESIDENTSoOFoCHEPTI oRANGIAoINoTHEoDIST.oOFoKAMRUPo(R) oASSAM o7:oSYEDAoSHAHINoSHAHNAZ TEACHERo/oRHPS oPERMANENToBONAFIDEoRESIDENTSoOFoCHEPTI oRANGIAoINoTHEoDIST.oOFoKAMRUPo(R) oASSAM o8:oBHANITAoDEKA TEACHER/oRHPSoPERMANENToBONAFIDEoRESIDENTSoOFoCHEPTI oRANGIAoINoTHEoDIST.oOFoKAMRUPo(R) oASSAM o9:oPRADIPoDAS GUARDIAN/oRHPSoPERMANENToBONAFIDEoRESIDENTSoOFoCHEPTI oRANGIAoINoTHEoDIST.oOFoKAMRUPo(R) oASSAM o10:oNAMITAoDAS TEACHER/oRHPSoPERMANENToBONAFIDEoRESIDENTSoOFoCHEPTI oRANGIAoINoTHEoDIST.oOFoKAMRUPo(R) oASSAM o11:oPOMPIoDEKA PageoNo.#o3/12 TEACHER/oRHPSoPERMANENToBONAFIDEoRESIDENTSoOFoCHEPTI oRANGIAoINoTHEoDIST.oOFoKAMRUPo(R) oASSAM o12:oDEEPAoDEKA TEACHER/oRHPSoPERMANENToBONAFIDEoRESIDENTSoOFoCHEPTI oRANGIAoINoTHEoDIST.oOFoKAMRUPo(R) oASSAM o13:oMIRAoDAS NONoTEACHINGoSTAFF/RHPS oPERMANENToBONAFIDEoRESIDENTSoOFoCHEPTI oRANGIAoINoTHEoDIST.oOFoKAMRUPo(R) oASSAM o14:oRENUoDAS NONoTEACHINGoSTAFF/oRHPS oPERMANENToBONAFIDEoRESIDENTSoOFoCHEPTI oRANGIAoINoTHEoDIST.oOFoKAMRUPo(R) oASSAM o15:oPUTULIoDAS NONoTEACHINGoSTAFF/oRHPS oPERMANENToBONAFIDEoRESIDENTSoOFoCHEPTI oRANGIAoINoTHEoDIST.oOFoKAMRUPo(R) oASSAM o16:oBISWAJIToDEKA TEACHER/oRHPSoPERMANENToBONAFIDEoRESIDENTSoOFoCHEPTI oRANGIAoINoTHEoDIST.oOFoKAMRUPo(R) oASSAM o17:oPURNIMAoDEKA TEACHER/oRHPSoPERMANENToBONAFIDEoRESIDENTSoOFoCHEPTI oRANGIAoINoTHEoDIST.oOFoKAMRUPo(R) oASSAM o18:oRATULoCHANDRAoNATH TEACHER/oRHPSoPERMANENToBONAFIDEoRESIDENTSoOFoCHEPTI oRANGIAoINoTHEoDIST.oOFoKAMRUPo(R) oASSAM o19:oJYOTSHNAoDEVI TEACHER/oRHPSoPERMANENToBONAFIDEoRESIDENTSoOFoCHEPTI oRANGIAoINoTHEoDIST.oOFoKAMRUPo(R) oASSAM o20:oTARALIoDAS PageoNo.#o4/12 NONoTEACHINGoSTAFF/RHPS oPERMANENToBONAFIDEoRESIDENTSoOFoCHEPTI oRANGIAoINoTHEoDIST.oOFoKAMRUPo(R) oASSAM o21:oSURJYAoKUMARoDEKA TEACHER/oRHPSoPERMANENToBONAFIDEoRESIDENTSoOFoCHEPTI oRANGIAoINoTHEoDIST.oOFoKAMRUPo(R) oASSAM o22:oBIRENoCHANDRAoDAS NONoTEACHINGoSTAFF/oRHPS oPERMANENToBONAFIDEoRESIDENTSoOFoCHEPTI oRANGIAoINoTHEoDIST.oOFoKAMRUPo(R) oASSAM o23:oKUSUMoCHETRY NONoTEACHINGoSTAFF/oRHPS oPERMANENToBONAFIDEoRESIDENTSoOFoCHEPTI oRANGIAoINoTHEoDIST.oOFoKAMRUPo(R) oASSAM o24:oSAHIDoALI NONoTEACHINGoSTAFF/oRHPS oPERMANENToBONAFIDEoRESIDENTSoOFoCHEPTI oRANGIAoINoTHEoDIST.oOFoKAMRUPo(R) oASSAM o25:oBINITAoDAS NONoTEACHINGoSTAFF/oRHPS oPERMANENToBONAFIDEoRESIDENTSoOFoCHEPTI oRANGIAoINoTHEoDIST.oOFoKAMRUPo(R) oASSAM o26:oPUJAoJAISWAL TEACHER/oRHPS oPERMANENToBONAFIDEoRESIDENTSoOFoCHEPTI oRANGIAoINoTHEoDIST.oOFoKAMRUPo(R) oASSAM o27:oJANUoTHAPA NONoTEACHINGoSTAFF/oRHPS oPERMANENToBONAFIDEoRESIDENTSoOFoCHEPTI oRANGIAoINoTHEoDIST.oOFoKAMRUPo(R) oASSAM oVERSUS PageoNo.#o5/12 THEoSTATEoOFoASSAM REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAMo EDUCATIONo(ELEMENTARY)oDEP