Petitioner school challenged school amalgamation notification. Court directed appeal filing and suspended notification.
The petitioner school is directed to file an appellate appeal within 15 days. The notification dated 21.03.2022 stood suspended.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010136232022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4719/2022
SAHAR ALI MUNSHI L.P. SCHOOL
REPRESENTED BY THE MANAGING COMMITTEE AND ITS PRESIDENT MR. NUR ISLAM SHEIKH, S/O- LATE SAHAR ALI MUNSHI OF VILLAGE ARANYA, P.O.- TISTARPAR, P.S. AND DIST.- DHUBRI, ASSAM, PIN- 783324.
VERSUS
THE STATE OF ASSAM AND 7 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO GOVT. OF ASSAM, EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6.
2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19.
3:THE DEPUTY COMMISSIONER DHUBRI P.O. AND DIST.- DHUBRI PIN- 783301.
4:THE DISTRICT ELEMENTARY EDUCATION OFFICER DHUBRI P.O. AND DIST.- DHUBRI PIN- 783301.
5:THE DY. INSPECTOR OF SCHOOLS DHUBRI P.O. AND DIST.- DHUBRI ASSAM PIN- 783301.
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6:THE BLOCK ELEMENTARY EDUCATION OFFICER GAURIPUR P.O.- GAURIPUR DIST. DHUBRI ASSAM PIN- 783301. 7:NO. 334 SATYAMAYI L.P. SCHOOL REPRESENTED BY ITS SCHOOL MANAGING COMMITTEE OF VILLAGE ARANYA P.O. TISTARPAR P.S. AND DIST. DHUBRI ASSAM. PIN- 783324.
8:HEAD MASTER-CUM-SECRETARY OF 334 NO. SATYAMAYI L.P. SCHOOL OF VILLAGE ARANYA P.O. TISTARPAR P.S. AND DIST. DHUBRI ASSAM. PIN- 783324
Advocate for the Petitioner : MR. A RAHMAN
Advocate for the Respondent : SC, ELEM. EDU
BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR
ORDER
Date : 04.08.2022
Heard Mr. A. Rahman, learned counsel for the petitioner as well as Mr. P.N. Sarma, learned standing counsel, Elementary Education for respondent Nos. 1, 2, 4, 5 and 6. Mr. G. Bokolial, learned Govt. Advocate appears for respondent No. 3.
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the Sahar Ali Munshi L.P. School is more than1.5 kms. away from the said 334 No. Satyamayi L.P. School and therefore, the Notification dated 21.03.202 is in violation of the Clause 3 of Office Memorandum dated 03.08.2021.
JUDGE
Comparing Assistant
SAHAR ALI MUNSHI L.P. SCHOOL
THE STATE OF ASSAM
LANUSUNGKUM JAMIR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
