Disposed

Ramharir Char Jamadarpara Vlp School and 4 Ors. v. the State of Assam and 7 Ors.

Gauhati HC17 Feb 2020WP(C)/999/2020

Case brief

AI extract

What is this about?

Five Village Level Primary schools sought a direction for the Mission Director, SSA, Assam to consider their representations dated 12.10.2012 and 20.10.2012 regarding the allocation of DISE Codes and consequent provincialisation. The court directed the authorities to pass a reasoned order within two months.

What did the court decide?

Direction to the Mission Director, SSA, Assam to consider the representations dated 12.10.2012 and 20.10.2012 and pass a reasoned order within two months.

Ramharir Char Jamadarpara Vlp School and 4 Ors. Vs… — Education and Admissions | Gauhati HC (2020)

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GAHC010029892020

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

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Case No. : WP(C) 999/2020

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1:RAMHARIR CHAR JAMADARPARA VLP SCHOOL AND 4 ORS.

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REP. BY THE HEAD MASTER NAMELY- SOFIOR RAHMAN, AGE- 40 YEARS, S/O- LT. JURAN ALI, VILL. RAMHARIRCHAR PT.III, P.O. BALARBHITA, P.S. BAGUAN, DIST.- GOALPARA (ASSAM), PIN- 783129. DISE CODE NO. 0416008.

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2: DEODHUTURI VLP SCHOOL REP. BY THE HEAD MISTRESS NAMELY- JAHANARA KHATUN AGE- 46 YEARS W/O- ABDUS SALAM VILL. KARAI KHOWA P.O. KHARMJA P.S. BAGUAN DIST.- GOALPARA (ASSAM) PIN- 783101. DICE CODE NO. 0406204.

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3: DAKHIN KONGKAIPAR VLP SCHOOL REP. BY THE HEAD MASTER NAMELY - ABDUL AWAL AGE- 38 YEARS S/O- ABDUL MANNAN VILL. DOSORA SHIMLABARI P.OS. SHIMLABARI P.S. BAGUAN DIST.- GAOLPARA (ASSAM) PIN- 783101. DICE CODE NO. 0415604. 4: AMBARI TINIALI BAZAR VLP SCHOOL REP. BY ITS HEAD MISTRESS NAMELY- ANOWARA KHATUN AGE- 42 YEARS VILL. AMBARI KADOTIKA P.O. AMBARI BAZAR P.S. BAGUAN

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DIST.- GOALPARA (ASSAM) PIN- 783129. DICE CODE NO. 0409107.

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5: BHOISHMARI VLP SCHOOL REP. BY THE HEAD MASTER NAMELY- FAZLUR RAHMAN AGE- 40 YEARS S/O- HANIF UDDIN SK. VILL. BHOISHMARI P.O. JOYBHUM P.S. LAKHIPUR DIST- GOALPARA (ASSAM) PIN- 783129. DICE CODE NO. 0222803

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VERSUS

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1:THE STATE OF ASSAM AND 7 ORS. REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, ELEMENTARY EDUCATION DEPTT., DISPUR, GHY.-06.

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2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY.-19.

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3:THE MISSION DIRECTOR AXOM SARBA SIKSHA ABHIJAN MISSION KAHILIPARA GHY.-19.

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4:THE DIST. ELEMENTARY EDUCATION OFFICER CUM MISSION COORDINATOR GOALPARA DIST.- GOALPARA ASSAM PIN- 783101.

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5:THE DIST. LEVEL REDRESSAL COMMITTEE REP. BY THE DY. COMMISSIONER GOALPARA ASSAM PIN- 783101.

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6:THE DY. INSPECTOR OF SCHOOLS

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GOALPARA P.O. AND P.S. GOALPARA DIST.- GOALPARA ASSAM PIN- 783101.

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7:THE BLOCK ELE. EDU. OFFICER CUM BLOCK MISSION COORDINATOR BALIJANA DIST.- GOALPARA ASSAM PIN- 783101.

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8:THE BLOCK ELE. EDU. OFFICER CUM BLOCK MISSION COORDINATOR LAKHIPUR P.O. AND P.S. LAKHIPUR DIST. GOALPARA ASSAM PIN- 783129

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Advocate for the Petitioner : MD A HUSSAIN

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Advocate for the Respondent : SC, ELEM. EDU

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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O R D E R

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17.02.2020

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Heard Mr. A Hussain, learned counsel for the petitioners, Mr. B. Kaushik, learned standing counsel for the Elementary Education Department as well as Mr. S. Bora, learned counsel for the authorities under the SSA.

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The five venture L.P Schools are before this Court with a common grievance that although the schools were in existence in the years 1974, 1978 and 1984 etc and received financial assistance since the year 2007 and have also fulfilled all the terms and conditions for getting mid-day meal, free text books etc, but the DISE Code which is essential for the purpose of being considered for provincialisation had not been allotted, particularly for the year 2009-10. As because the DISE Code had not been issued, it is the claim of the petitioners that their case for provincialisation had not been

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considered by the authorities.

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In the circumstance, a representation dated 12.10.2012 of the petitioner No.5 school and a common representation dated 20.10.2012 of the petitioner Nos. 1 to 4 schools had been submitted before the Mission Director, SSA, Assam. The only prayer urged upon by the learned counsel for the petitioners for the present is that the aforesaid two representations be given a consideration by the Mission Director.

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Mr. B. Kaushik and Mr. S Bora, learned counsel appearing for the respondent authorities do not object to such prayer for the representations being considered.

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In view of the above, this writ petition is disposed of with a direction to the Mission Director, SSA, Assam to give a consideration to the aforesaid two representations dated 12.10.2012 and 20.10.2012, respectively of the petitioner schools and pass a reasoned order thereon. It is provided that the consideration be given within a period of two months from the date of receipt of a certified copy of this order.

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In terms of the above, the writ petition stands disposed of.

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Comparing Assistant

Ramharir Char Jamadarpara Vlp School and 4 Ors. v. the State of Assam and 7 Ors.

Case brief

What is this about?

What did the court decide?

Ramharir Char Jamadarpara Vlp School and 4 Ors. v. the State of Assam and 7 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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