School Managing Committee and 9 Ors v. The State of Assam and 8 Ors

PageoNo.#o1/5 GAHC010276232023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7094/2023o SCHOOLoMANAGINGoCOMMITTEEoANDo9oORS.o MOUKHOWAoUZIRARoCHARoM.E.oMADRASSAoP.O.oUZIRARoCHAR,oP.O.o UZIRARoCHAR,oP.S.oALOPATICHAR,oDIST.oBARPETA,oREPRESENTEDoBYo MOHIRUDDIN,oPRESIDENToOFoTHEoSMCoSCHOOL. 2:oMOHIRUDDIN oS/O-oLATEoLALCHAN oPRESIDENToOFoTHEoSCHOOLoMANAGINGoCOMMITTEE oMOUKHOWAoUZIRARoCHARoM.E.oMADRASSAoVILL.-oUZIRARoCHAR oP.O.oUZIRARoCHAR oP.S.oALOPATICHAR oDIST.oBARPETA oPIN-o783101. 3:oJIARoALI oS/O-oLATEoHOROFoALI oVILL.-oMOUKHOWAoCHAR 4:oMD.oABUL oS/O-oTOMEJoALI oVILL.-oMOUKHOWAoCHAR 5:oAYMONA oW/O-oABDULoLATIF oVILL.-oMOUKHOWAoCHAR 6:oPASANoALI oS/O-oJUNGUoSK oVILL.-oMOUKHOWAoCHAR 7:oDELWARAoKHATUN oW/O-oMOYNALoHOQUE oVILL.-oMOUKHOWAoCHAR PageoNo.#o2/5 8:oSHOHIDAoKHATUN oW/O-oABUoSHAMA oVILL.-oMOUKHOWAoCHAR 9:oIBRAHIMoALI oS/O-oLATEoAJMAToALI oVILL.-oMOUKHOWAoCHAR 10:oMESERoALI oS/O-oLATEoAKBORoALI oVILL.-oMOUKHOWAoCHAR oSL.oNOS.o2oTOo10oAREoMEMBERoOFoS.M.C. oALLoAREoOFoP.O.oUZIRARoCHAR oP.S.oALOPATICHAR oDIST.oBARPETA oPIN-o783101o VERSUSo THEoSTATEoOFoASSAMoANDo8oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o SECONDARYoEDUCATIONoDEPARTMENT,oDISPUR,oGUWAHATI-781006. 2:THEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oELEMENTARYoEDUCATIONoDEPTT. oDISPUR oGUWAHATI-781006. 3:THEoDIRECTOR oSECONDARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-781019. 4:THEoDISTRICToCOMMISSIONER oBARPETA oPIN-o781301. 5:THEoINSPECTORoOFoSCHOOLS oBDC oBARPETA oPIN-o781301. 6:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oBARPETA oPIN-781301. Page No.# 3/5 7:ASHOK KR. THAKUR MID-DAY MEAL OFFICER UNDER THE DEEO BARPETA PIN-781301. 8:THE BLOCK ELEMENTARY EDUCATION OFFICER MANDIA BLOCK P.O. MANDIA DIST. BARPETA PIN-781308. 9:AHAMMAD HUSSAIN MOLLAH HEAD MASTER UZIRAR CHAR HIGH SCHOOL P.O. UZIRAR CHAR DIST. BARPETA VIA GOALPARA PIN-783101 Advocate for the Petitioner : MR. A ROSHID Advocate for the Respondent : GA, ASSAM

BEFORE HON'BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA O R D E R

13.12.2023

Heard Mr. A Roshid, learned counsel for the petitioners , Mr. B Kaushik, learned counsel for the respondents in the Secondary Education Department as well as for the Elementary Education Department and Ms. T Hazarika, learned Junior Government Advocate for the District Commissioner, Barpeta.

¶2Considering the nature of the grievance raised, we are not required to hear the Headmaster of Uzirar Char High School, Barpeta.

¶3The petitioners before the Court are the School Managing Committee of Page No.# 4/5 Moukhowa Uzirar Char ME Madrassa. Under the prevailing Rules and Regulations, the Managing Committee of a ME Madrassa is entitled to be provided with the mid-day meal and the applicable provision is such that the mid-day meal benefits are distributed through the School Managing Committee. It is stated that as because certain teachers of the ME Madrassa had later on migrated to the Uzirar Char High School, they have also carried along with them the benefit of mid-day meal which is otherwise meant for the Uzirar Char ME Madrassa.

¶4No such entitlement is available under the law and the law requires that it is only the students of the ME Madrassa who would be entitled to the mid-day meal benefit provided for the said school and it shall be distributed through the School Managing Committee of the Madrassa itself and no stranger to the School Managing Committee shall either be given the entitlement or the benefit of dealing with the mid-day meal provision meant for the Uzirar Char ME Madrassa.

¶5In view of the above, the Director of Elementary Education Assam to look into the aforesaid aspect and pass necessary orders and also ensure that the Uzirar Char ME Madrassa is in receipt of the mid-day meal benefit through the School Managing Committee and also that strangers do not intervene in between and divert the mid-day meal to some other place.

¶6Correspondingly, the School Managing Committee of Uzirar Char ME Madrassa is also specifically directed that the mid-day meal benefits are being directly provided to the students for whom it is meant for. If any person is presently not associated with the Uzirar Char ME Madrassa, they shall not be allowed to deal with the mid-day meal in any manner by the Director. This order is passed in the interest of the students of the Uzirar Char ME Madrassa rather Page No.# 5/5 than looking into the interest of the others. The writ petition is disposed of as indicated above.

JUDGE Comparing Assistant