Interlocutory application by a high school to vacate an interim stay order on a government amalgamation scheme. The court rejected the vacatur request but directed early adjudication of the underlying writ petition.
Interlocutory application dismissed; main writ petition listed for early final consideration.
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GAHC010051422022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/955/2022
BETNA KAURBAHA MILA HIGH SCHOOL
VILLAGE- BHOGPUR, P.O. BHOGPUR, DIST. BAKSA, B.T.A.D., ASSAM, PIN781366, REPRESENTED BY ITS I/C HEADMASTER SRI SANJAY KALITA.
VERSUS
THE STATE OF ASSAM AND 10 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, ELEMENTARY EDUCATION DEPTT., DISPUR, GHY.- 781006
2:THE ADDL. CHIEF SECY. GOVT. OF ASSAM ELEMENTARY EDUCATION DEPTT. DISPUR GHY.-06.
3:THE SECY. GOVT. OF ASSAM ELEMENTARY EDUCATION DEPTT. DISPUR GHY.-6.
4:THE DIRECTOR SECONDARY EDUCATION KAHILIPARA GHY.-19.
5:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY.-19.
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6:THE DY. SECY. GOVT. OF ASSAM EDUCATION DEPTT. DISPUR GHY.-06. 7:THE SECY. EDUCATION BTAD KOKRAJHAR PIN- 783370. 8:THE DIRECTOR OF EDUCATION BTAD KOKRAJHAR PIN- 783370. 9:THE INSPECTOR OF SCHOOLS BTAD DISTRICT BAKSA PIN- 781371. 10:THE DIST. ELEMENTARY EDUCATION OFFICER BTAD DISTRICT BAKSA PIN -781373. 11:SYED FIDDUSAR RAHMAN S/O- KHABIRUDDIN AHMED R/O- VILL. NO. 2 GORESWAR P.O. NO. 2 GORESWAR P.S. GORESWAR DIST. BAKSA ASSAM PIN- 781366
Advocate for the Petitioner : MR. A DASGUPTA
Advocate for the Respondent : SC, ELEM. EDU
Linked Case : WP(C)/237/2020
SYED FIDDUSAR RAHMAN
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S/O- KHABIRUDDIN AHMED R/O- VILL. NO. 2 GORESWAR P.O. NO. 2 GORESWAR P.S. GORESWAR DIST. BAKSA ASSAM PIN- 781366. VERSUS THE STATE OF ASSAM AND 9 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION DEPTT. DISPUR GHY.- 781006 2:THE ADDL. CHIEF SECY. GOVT. OF ASSAM ELEMENTARY EDUCATION DEPTT. DISPUR GHY.-06. 3:THE SECY. GOVT. OF ASSAM ELEMENTARY EDUCATION DEPTT. DISPUR GHY.-6. 4:THE DIRECTOR SECONDARY EDUCATION KAHILIPARA GHY.-19. 5:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY.-19. 6:THE DY. SECY. GOVT. OF ASSAM EDUCATION DEPTT. DISPUR GHY.-06. 7:THE SECY. EDUCATION BTAD KOKRAJHAR PIN- 783370. 8:THE DIRECTOR OF EDUCATION BTAD
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KOKRAJHAR PIN- 783370. 9:THE INSPECTOR OF SCHOOLS BTAD DISTRICT BAKSA PIN- 781371. 10:THE DIST. ELEMENTARY EDUCATION OFFICER BTAD DISTRICT BAKSA PIN -781373. 11:BETNA KAURBAHA MILA HIGH SCHOOL VILLAGE- BHOGPUR P.O. BHOGPUR DIST. BAKSA B.T.A.D. ASSAM PIN- 781366 REPRESENTED BY ITS I/C HEADMASTER SRI SANJAY KALITA. -----------Advocate for : MR. R C SAIKIA Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 9 ORS
BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
09.05.2022
Heard Mr. A Dasgupta, learned senior counsel for the applicant. Also heard Mr. RC Saikia, learned counsel for the writ petitioner in WP(C)No.237/2020, Mr. B Kaushik, learned counsel for the authorities under the Elementary Education Department, Government of Assam and Mr. B Choudhury, learned counsel for the authorities in the Education Department of the BTC.
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the order dated 30.12.2019 of the Commissioner and Secretary to the Government of Assam in the Secondary Education Department by which, amongst others, the Betna Kaurbaha Milan ME School was amalgamated with the Betna Kaurbaha Milan High School, Baksa under the Shiksha Khetra scheme for amalgamation of the schools which are located in the same campus.
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counsel for the applicant. We are not required to adjudicate on the aspect that the amalgamation would provide certain benefits to the Betna Kaurbaha Milan High School. What we are looking at is that the writ petitioner Betna Kaurbaha Milan ME School has assailed the amalgamation in WP(C)No.237/2022 and in the said writ petition there is an interim order staying the amalgamation. The interim order is understood to have been passed on the premises of a prima facie case being made out by the writ petitioner Betna Kaurbaha Milan ME School as well as considering the balance of convenience and the irreparable loss that the parties may suffer. From such point of view, we have to understand that the applicant Betna Kaurbaha Milan High School would be an incidental beneficiary of the amalgamation that had taken place as per the order impugned in the WP(C) No.237/2022, but the incidential benefits that may accrue to the petitioner on its own cannot render the order of amalgamation to be a valid order without any adjudication on the issues raised by the writ petitioner Betna Kaurbaha Milan ME School. From such point of view, we are not inclined to vacate the interim order, but however, as certain benefits that may accrue to the applicant Betna Kaurbaha Milan High School which was adversely affected because of the interim order, we are of the view that the balance of convenience may have to be looked from a different perspective which in our view requires an early adjudication of the writ petition. Accordingly while dismissing this interlocutory application being IA(C)955/2022 for vacating the interim order dated 10.01.2022 we provide that the writ petition being WP(C)No.237/2022 be listed for its final consideration at an early date.
JUDGE
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Comparing Assistant
2 issues framed by the court
Whether the interim stay order stayed the amalgamation order despite the applicant being an incidental beneficiary of the benefits of amalgamation.
Whether the balance of convenience requires an early adjudication of the main writ petition challenging the school amalgamation.
2 provisions across 2 enactments
BETNA KAURBAHA MILA HIGH SCHOOL
THE STATE OF ASSAM
ACHINTYA MALLA BUJOR BARUA
As recorded by the court registry
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