Rohomot Ali @ Neyamot Ali and Anr v. The State of Assam and 8 Ors

ORDER Date : 18-01-2024 Heard Mr. M.U. Mahmud, learned counsel for the petitioners. Also heard Ms. S. Chutia, learned standing counsel, Education (Elementary) Department, representing the respondent Nos.1, 4, 5 & 6. The petitioners, who claim to be the parents/ guardians of students studying in 1293 No. Sunai Cherra L.P. School, have instituted the present proceeding raising a grievance with regard to the process undertaken for constitution of the School Managing Committee of the said School. It the allegation of the petitioners that the process that was undertaken for constitution of the said School Managing Committee was in clear violation of the provisions available in this connection under Rule 13(3)(iii) of the Assam Right of Children to Free and Compulsory Education Rules, 2011. It is the further contention of the petitioners that the said School Managing Committee, which was purportedly formed in a meeting held on 30.11.2023, is yet to be approved by the departmental authorities. Page No.# 3/3 Accordingly, without opining anything on the merits of the contentions raised by the petitioners, the writ petition is disposed of with a direction to the petitioners to submit a representation before the Director of Elementary Education, Assam highlighting the illegalities that exist with regard to constitution of the School Managing Committee for 1293 No. Sunai Cherra L.P. School. The Director, on receipt of such representation, shall cause an enquiry to be made into the allegations as levelled by the petitioners and after affording an opportunity of hearing to the petitioners and others who may be interested parties, would pass a reasoned order taking into account each and every allegations brought on record by the petitioners. The said exercise be completed within a period of 2(two) months from the date of receipt of a copy of the representation as required to be submitted by the petitioners along with a certified copy of this order. It is made clear that pending consideration of the representation submitted by the petitioners, the activities of the School Managing Committee of 1293 No. Sunai Cherra L.P. School shall be managed by the District Elementary Education Officer, Karimganj. With the above observations and directions, the writ petition stands disposed of. J U D G E Comparing Assistant

PageoNo.#o1/3 GAHC010291062023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7566/2023o 1:oROHOMOToALIo@oNEYAMOToALIoANDoANRo S/O-oLATEoMANTAJoALI,oR/O-oVILL.oANDoP.O.-oGAMARIA,o P.S.-oRAMoKRISHNAoNAGAR,oDIST.-oKARIMGANJ,oASSAM,oPIN-o788166. 2:oALTABoUDDINo@oALTAFoUFFIN S/O-oLATEoAKLACHoALIoR/O-oVILL.oANDoP.O.-oGAMARIA P.S.-oRAMoKRISHNAoNAGARoDIST.-oKARIMGANJoASSAMoPIN-o788166o ooooooooooooooooooooooooVERSUSo 1:oTHEoSTATEoOFoASSAMoANDo8oORSoREPRESENTEDoBYoTHEoSECRETARYo TOoTHEoGOVT.oOFoASSAM,oEDUCATIONoDEPARTMENTo(ELEMENTARY),o DISPUR,oGUWAHATI-o06. 2:THEoMISSIONoDIRECTORoASSAMoSARBAoSIKSHAoABHIYAN KAHILIPARAoGUWAHATI-19. 3:THEoADDL.oDEPUTYoCOMMISSIONER INCHARGEoOFoEDUCATIONoKARIMGANJoASSAMoPIN-o788710. 4:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER KARIMGANJoASSAMoPIN-o788710. 5:THEoDEPUTYoINSPECTORoOFoSCHOOLS KARIMGANJoASSAMoPIN-o788710. 6:THEoBLOCKoELEMENTARYoEDUCATIONoOFFICER/oMBCoRAMoKRISHNAo NAGARoEDUCATIONoBLOCKoRAMoKRISHNAoNAGARoDIST.-oKARIMGANJ ASSAMoPIN-o788724. 7:THEoHEADoMASTERoCUMoSECRETARYoOFo1293oNO.oSUNAIoCHERRAoL.P.o SCHOOLSoMANAGINGoCOMMITTEEoSITUATEDoAToVILL.oANDoP.O.-o GAMARIAoP.S.-oRAMoKRISHNAoNAGARoDIST.-oKARIMGANJoASSAM PIN-o788166. Page No.# 2/3 8:TAPAN CHANDRA DAS TEACHER OF 1293 NO. SUNAI CHERRA L.P. SCHOOL S/O- LATE MONORANJAN DAS R/O- VILL. AND P.O.- GAMARIA P.S.- RAM KRISHNA NAGAR DIST.- KARIMGANJ ASSAM. PIN- 788166. 9:MIRJAN ALI S/O- LATE FOYAJ ALI R/O- VILL. AND P.O.- GAMARIA P.S.- RAM KRISHNA NAGAR DIST.- KARIMGANJ ASSAM PIN- 788166 Advocate for the Petitioner : MR. M U MAHMUD Advocate for the Respondent : SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR