Petitioner sought impleadment of ten members of a School Management Committee as respondents in a pending writ petition challenging their inclusion as ineligible non-guardians. The State raised no objection. The court held they were necessary parties and allowed the interlocutory application.
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GAHC010034742024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/501/2024
MD ARAN ALI S/O- LT. SUKUR ALI, VILL- N.C PUB KAZIA, P.S- BHAGNAMARI, P.O- KALARCHAR, DIST- NALBARI, ASSAM, PIN-781312
VERSUS
THE STATE OF ASSAM AND 14 ORS REP. BY THE SECRETARY TO THE GOVT OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-06, ASSAM
2:THE DEPUTY SECRETARY TO THE GOVT OF ASSAM ELEMENTARY EDUCATION DEPARTMENT DISPUR GUWAHATI-06 ASSAM
3:DISTRICT ELEMENTARY EDUCATION OFFICER NALBARI ASSAM
4:HARMUZ ALI S/O- HASAN ALI
PUB KAZIA MEM
R/O- DARANGIPARA
5:MAMTAZ PARBIN
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PUB KAZIA MEM
R/O-KHONGRA DIST- BARPETA
6:SHAHAB ALI
C/O HEADMASTER NC PUB KAZIA MEM TOWN KALACHAR CLUSTER- KALACHARR LAC-BARKHETRI DIST. NALBARI ASSAM PIN 781312.
7:SHURA BHANU
C/O HEADMASTER NC PUB KAZIA MEM TOWN KALACHAR CLUSTER- KALACHARR LAC-BARKHETRI DIST. NALBARI ASSAM PIN 781312.
8:CHAABAR ALI
C/O HEADMASTER NC PUB KAZIA MEM TOWN KALACHAR CLUSTER- KALACHARR LAC-BARKHETRI DIST. NALBARI ASSAM PIN 781312.
9:SHAHIDA PARBIN
C/O HEADMASTER NC PUB KAZIA MEM TOWN KALACHAR CLUSTER- KALACHARR LAC-BARKHETRI DIST. NALBARI ASSAM
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PIN 781312.
10:JOSNA BHANU
C/O HEADMASTER NC PUB KAZIA MEM TOWN KALACHAR CLUSTER- KALACHARR LAC-BARKHETRI DIST. NALBARI ASSAM PIN 781312.
11:UJALA KHATUN
C/O HEADMASTER NC PUB KAZIA MEM TOWN KALACHAR CLUSTER- KALACHARR LAC-BARKHETRI DIST. NALBARI ASSAM PIN 781312.
12:ABDAS SATTER ALI
C/O HEADMASTER NC PUB KAZIA MEM TOWN KALACHAR CLUSTER- KALACHARR LAC-BARKHETRI DIST. NALBARI ASSAM PIN 781312.
13:FULCHAA ALI
C/O HEADMASTER NC PUB KAZIA MEM TOWN KALACHAR CLUSTER- KALACHARR LAC-BARKHETRI DIST. NALBARI ASSAM PIN 781312.
14:TAHER ALI
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C/O HEADMASTER NC PUB KAZIA MEM TOWN KALACHAR CLUSTER- KALACHARR LAC-BARKHETRI DIST. NALBARI ASSAM PIN 781312. 15:AMIRJAN C/O HEADMASTER NC PUB KAZIA MEM TOWN KALACHAR CLUSTER- KALACHARR LAC-BARKHETRI DIST. NALBARI ASSAM PIN 781312
Advocate for the Petitioner : MR. R GOSWAMI
Advocate for the Respondent : SC, ELEM. EDU
BEFORE HONOURABLE MR. JUSTICE KARDAK ETE
ORDER
Date : 20.02.2024
Heard Mr. R. Goswami, learned counsel for the applicant/petitioner. Also heard Mr. A. Phukan, learned standing counsel, Elementary Education Department, Government of Assam.
By filing this application, the applicant/petitioner has prayed for impleading the Opposite Party No. 6. Shahab Ali 7. Shura Bhanu 8. Chaabar Ali 9. Shahida Parbin 10. Josna Bhanu 11. Ujala Khatun 12. Abdas Satter Ali 13. Fulchaa Ali 14. Taher Ali and 15. Amirjan as respondents in the connected writ petition as the above named persons are not the guardians of the students who have been included in the School Management Committee, in violation of relevant rules/Act.
According to the applicant, the above named persons are necessary party in the connected writ petition, for which, the applicant prays for impleading them as respondents in the connected writ
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proceeding being WP(C) 748/2024.
Mr. A. Phukan, learned standing counsel has made no objection to the aforesaid prayer of the learned counsel for the applicant/petitioner.
Having considered that the persons sought to be impleaded by the applicant is stated to be the ineligible persons who have been included as member of the School Management Committee, I am of the view that they are the necessary parties in the connected writ petition.
Accordingly, the applicant/petitioner is allowed to implead the Opposite Parties as Respondents No. 6. Shahab Ali 7. Shura Bhanu 8. Chaabar Ali 9. Shahida Parbin 10. Josna Bhanu 11. Ujala Khatun 12. Abdas Satter Ali 13. Fulchaa Ali 14. Taher Ali and 15. Amirjan in the connected writ petition.
In view of the above, the interlocutory application stands allowed and disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the persons included in the School Management Committee, alleged to be ineligible and not guardians of students, should be impleaded as respondents in WP(C) 748/2024.
Md Aran Ali
The State of Assam
Shahab Ali
Shura Bhanu
Chaabar Ali
Shahida Parbin
Kardak Ete
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
