Disposed

The Chitalmari M.E.School and Anr. v. the State of Assam and 8 Ors.

Gauhati HC13 Sept 2019WP(C)/836/2018

Case brief

AI extract

What is this about?

This writ petition challenged the amalgamation of Chitalmari M.E. School with Chitalmari High School, contending it lacked proper rule consideration. The court did not quash the amalgamation but directed respondents to verify staff service conditions within three months to prevent prejudice.

What did the court decide?

Direction to respondent authorities to verify service conditions of teaching and non-teaching staff of the Chitalmari M.E. School within three months to ensure no prejudice is caused due to the amalga

The Chitalmari M.E.School and Anr. Vs the State of… — Education and Admissions | Gauhati HC (2019)

¶1

Page No.# 1/3

¶2

GAHC010026192018

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶4

Case No. : WP(C) 836/2018

¶5

1:THE CHITALMARI M.E.SCHOOL AND ANR.

¶6

REPRESENTED BY IT'S HEAD MASTER CUM MEMBER SECRETARY OF THE SMC, P.O. SAMARALI BAZAR, DIST. HOJAI, ASSAM.

¶7

2: MD. SAFIR UDDIN LASKAR THE HEAD MASTER OF CHITALMARI M.E. SCHOOL S/O. LATE TAJAMUL ALI LASKAR VILL. SAMARALI BAZAR GAON P.O. SAMARALI BAZAR DIST. HOJAI ASSAM PIN-78243

¶8

VERSUS

¶9

1:THE STATE OF ASSAM AND 8 ORS.

¶10

REP. BY TRHE COMMISSIONER AND SECRETARY, GOVT. OF ASSAM, SECONDARY EDUCATION DEPTT., DISPUR, GUWAHATI-06.

¶11

2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19.

¶12

3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM. KAHILIPARA GUWAHATI-19

¶13

4:TH EADDL. DEPUTY COMMISSIONER IN-CHARGE EDUCATION CUM CHAIRMAN DISTRICT LEVEL COMMITTEE HOJAI DIST. HOJAI

¶14

Page No.# 2/3

¶15

ASSAM.

¶16

5:THE DIST. ELEMENTARY EDU. OFFICER CUM BLOCK LEVEL COMMITTEE LANKA EDUCATIONAL BLOCK DIST. HOJAI ASSAM 6:THE DIST. ELE. EDUCATION OFFICER HOJAI DIST. HOJAI ASSAM 7:THE INSPECTOR OF SCHOOLS NDC NAGAON ASSAM. 8:THE BLOCK ELEMENTARY EDUCATION OFFICER LANKA DIST. HOJAI ASSAM. 9:THE CHITALMARI HIGH SCHOOL REPRESENTED BY ITS HEAD MISTRESS P.O. SAMARALI BAZAR DIST. HOJAI ASSAM

¶17

Advocate for the Petitioner : MR. M U MAHMUD

¶18

Advocate for the Respondent : SC, SEC. EDU.

¶19

BEFORE

¶20

HON’BLE MR.JUSTICE N. KOTISWAR SINGH order

¶21

13-09-2019

¶22

Heard Mr. R. Ahmed, learned counsel for the petitioners. Also heard Mr. N. Sarma,

¶23

learned Standing Counsel, Secondary Education Department and Mr. B. Deuri, learned Government Advocate, Assam.

¶24

Page No.# 3/3

¶25

The present petition has been filed by the petitioners against the amalgamation of the Chitalmari M.E. School with Chitalmari High School contending that such merger has been effected without proper consideration of the relevant rules.

¶26

The amalgamation was effected purportedly in terms of the Office Memorandum dated 22.09.2016. Though the said amalgamation has been challenged, it has not been mentioned in the writ petition as to which provision of the said OM has been violated.

¶27

Perusal of the petition, however, would show that the matter pertains to service conditions of the teachers in the said ME school. This is an aspect which the authority can examine, so that the right of the teaching or non-teaching staff of the said school, which has been amalgamated with the High School, are not prejudicially affected in any manner.

¶28

Accordingly, the present petition is disposed of directing the respondent authorities to verify the service conditions of the teaching and non-teaching staff of the said school, so that no prejudice is caused to any of the staff of the Chitalmari M.E. School because of the said amalgamation. This exercise shall be undertaken by the respondent authorities within a period of 3 (three) months from the date of receipt of a certified copy of this order.

¶29

JUDGE

¶30

Comparing Assistant

The Chitalmari M.E.School and Anr. v. the State of Assam and 8 Ors.

Case brief

What is this about?

What did the court decide?

The Chitalmari M.E.School and Anr. v. the State of Assam and 8 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Shoriful Islam Vs the State of Assam and 13 Ors.

Thanuram Bhuyan Vs the State of Assam and 5 Ors.

Thanuram Bhuyan Vs the State of Assam and 4 Ors.

Smt. Jutimoni Bordoloi Vs the State of Assam and 4 Ors.

Md. Yusuf Ali Vs the State of Assam and 4 Ors.

Heman Das and 8 Ors. Vs the State of Assam and 3 Ors.