Khalil Hoque Choudhury and Anr v. The State of Assam and 7 Ors

ORDER Date : 22-01-2024 Heard Mr. P.R. Sarma, learned counsel for the petitioners. Also heard Ms. S. Chutia, learned standing counsel, Education (Elementary) Department, representing the respondent Nos.1, 2, 3, 4 & 6. The petitioner, by way of the present proceeding, has presented a challenge to the appointment of the respondent No.8 as the President of the School Managing Committee of Pub Titatola L.P. School, Morigaon. The petitioner has submitted that the process, by which the respondent No.8 was so appointed, was totally held in violation of the procedure mandated in this connection. It is the case of the petitioner that he was not given a fair consideration for having his case considered for the post of President of Pub Titatola L.P. School, Morigaon. The issues as raised in the present proceeding are all disputed question of fact, which may not be possible to be adjudicated in a writ proceeding basing on the affidavits filed by the parties. Accordingly, the petitioner is directed to submit a representation before the Director of Elementary Education, Assam, highlighting his grievances with regard to the process leading to the appointment of the President of the School Managing Committee of the School in question and also the Page No.# 3/3 appointment of the respondent No.8 as the President of the School Managing Committee of the said School. The Director of Elementary Education, Assam, on receipt of the said representation, shall cause an enquiry to be made into the matter and thereafter upon hearing the parties, including the respondent No.8, shall pass a speaking order dealing with the grievances raised by the petitioner in his petition. The further process with regard to the holding of the post of President of the School Managing Committee of Pub Titatola L.P. School, Morigaon shall depend on the outcome of the enquiry directed to be carried out with regard to the grievances of the petitioner by the Director of Elementary Education, Assam. The Director of Elementary Education, Assam shall consider and dispose of the representation to be filed by the petitioner within a period of 3(three) months from the date of receipt of a copy of the said representation along with a certified copy of this order. The petitioner, for taking the matter forward, shall submit his detailed representation along with a certified copy of this order before the Director of Elementary Education, Assam for complying with the directions made herein above in this order. With the above observations and directions, the writ petition stands disposed of. J U D G E Comparing Assistant

PageoNo.#o1/3 GAHC010295622023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/125/2024o 1:oKHALILoHOQUEoCHOUDHURYoANDoANRo SONoOFoAHAMMADoALI,oRESIDENToOFoBORILBANDHA,oP.S.oMOUZAo LAHARIGHAT,oASSAM,oTITATOLA,oMORIGAON,oASSAM,o782127 2:oABDURoRAHMAN SONoOFoAJIMUDDINoVILLAGE-oTITATOLA MORIGAONoASSAMo78212o ooooooooooooooooooooooVERSUSo 1:oTHEoSTATEoOFoASSAMoANDo7oORSoREPRESENTEDoBYoCOMMISSIONERo ANDoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM,oELEMENTARYo EDUCATIONoDEPARTMENT,oDISPUR,oGUWAHATI-o781006,oDIST.-oKAMRUPo (M),oASSAM 2:THEoDIRECTORoOFoELEMENTARYoEDUCATION ASSAMoKAHILIPARAoGUWAHATI-19oASSAM 3:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER MORIGAONoRAJAGAONoASSAMo782105 4:THEoBLOCKoELEMENTARYoEDUCATIONoOFFICERo(BEEO)oVILLAGE-o MOHANARIoPATHARoLAHORIGHAToMORIGAONoPINoCODE-o782127oASSAM 5:THEoCLUSTERoRESOURCEoCENTERoCOORDINATORoMR.oSAMIRoUDDIN PUBoTITATOLAoL.PoSCHOOLoMORIGAONoASSAM 6:THEoSUBoINSPECTORoOFoSCHOOLSoVILLAGE-oMOHANARIoPATHARo LAHORIGHATMORIGAONoPIN-o782127oASSAM 7:THEoHEADoMISTRESS,oPUBoTITATOLAoL.P.oSCHOOL MORIGAONoASSAM 8:IKRAMULoHUSSAINo(INCUMBENToPRESIDENT)oOFoSCHOOLoMANAGINGo Page No.# 2/3 COMMITTEE (SMC) OF PUB TITATOLA L.P. SCHOOL MORIGAON ASSAM S/O- HUSSAIN ALI VILL- TITATALA P.O. BORIBANDHA P.S. LAHARIGHAT WARD NO.2 DIST.- MORIGAON (ASSAM) PIN- 78212 Advocate for the Petitioner : MR P R SARMA Advocate for the Respondent : SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR