Disposed

The President, the School Managing Committee of Milan Adabari M E School and Anr. v. the State of Assam and 5 Ors.

Gauhati HC5 May 2024WP(C)/5260/2023

Case brief

AI extract

What is this about?

The Court disposed of the writ petition challenging school amalgamation because the petitioners failed to follow the statutory appeal mechanism under the relevant Office Memorandum. The Court directed the petitioners to file an appeal before the Government within two weeks and directed the Government to dispose of it with a speaking order within one month.

What did the court decide?

Direction to file appeal under Clause-19 of O.M. dated 03.08.2021 and directive for Government to dispose of appeal within one month by speaking order.

The President, the School Managing Committee of… — Education and Admissions | Gauhati HC (2024)

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GAHC010197662023

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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)/5260/2023

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THE PRESIDENT, THE SCHOOL MANAGING COMMITTEE OF MILAN ADABARI M E SCHOOL AND ANR VILLAGE- ADABARI, P.O. ADABARI, IN THE DISTRICT OF NALBARI, REPRESENTED BY NAGEN KALITA, AGED 50 YEARS, SON OF LATE GAURI KALITA, VILLAGE- ADABARI, P.O.- ADABARI, IN THE DISTRICT OF NALBARI, ASSAM. PIN- 781314.

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2: THE SECRETARY THE SCHOOL MANAGING COMMITTEE OF MILAM ADABARI M.E. SCHOOL VILLAGE- ADABARI P.O.- ADABARI IN THE DISTRICT OF NALBARI REPRESENTED BY ATIKUR RAHMAN AGED 56 YEARS VILLAGE- ADABARI P.O.- ADABARI IN THE DISTRICT OF NALBARI ASSAM. PIN- 781126

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VERSUS

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THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI- 781006.

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2:THE PRINCIPAL SECRETARY GOVERNMENT OF ASSAM SECONDARY EDUCATION DEPARTMENT DISPUR GUWAHATI- 781006.

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3:THE DIRECTOR OF SECONDARY EDUCATION

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KAHILIPARA GUWAHATI- 781019 ASSAM. 4:THE DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA GUWAHATI- 781019 ASSAM. 5:THE INSPECTOR OF SCHOOLS N.D.C. NALBARI DISTRICT- NALBARI PIN- 781335 ASSAM. 6:DISTRICT ELEMENTARY OFFICER NALBARI DISTRICT- NALBARI PIN- 781335 ASSAM

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Advocate for the Petitioner : MR. R C SAIKIA

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Advocate for the Respondent : SC, ELEM. EDU

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BEFORE

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HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

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ORDER

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Date : 06.05.2024

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Heard Mr. R.C. Saikia, learned counsel for the petitioners.

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Also heard Mr. SMT Chistie, learned Standing counsel, School Education Department, for all the respondents.

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The petitioners before this Court are the President and Secretary of the School Managing Committee of Milan Adabari M.E. School, village – Adabari,

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Post Office – Adabari in the district of Nalbari. They are aggrieved with the order dated 24.07.2023, by which their school has been merged with the Pub-Barketri Milan Secondary School, pursuant to the Office Memorandum dated 03.08.2021 which provides the Siksha Khetra Scheme for amalgamation and merger of the schools.

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It is the case of the petitioners that they have 187 Students and their school is not in the same campus with the Pub-Barkhetri Anchalik Girl’s High School. Therefore, a challenge is made to the amalgamation on the aforesaid two grounds.

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Clause-19 of the Office Memorandum dated 3^rd August, 2021 provides that from any dispute arising out of an order issued by the Director, the aggrieved institution/public may appeal before the Government in the Secondary Education or Elementary Education Department as the case may be.

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The petitioners have made representation praying for cancellation of the amalgamation order to the Director of Elementary Education Officer, Kahilipara, Guwahati on 17.08.2013.

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However, on consideration of the representation, this Court is of the considered opinion that the representation is not in terms of Clause-19 of the O.M. dated 3^rd August, 2021.

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Accordingly, this writ petition is disposed of directing the petitioners to file an appeal in terms of Clause-19 of the O.M. dated 3^rd August, 2021 before the Government in the Secondary Education or Elementary Education Department as the case may be, within a period of two weeks from today. Thereafter, on receipt of the appeal, the Government in the Secondary Education or Elementary Education Department shall dispose of the appeal in accordance

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with law by a speaking order within a period of one month from the date of receipt of the appeal.

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The interim order of status-quo passed on 13.09.2023 shall remain in force till the appeal is disposed of by the Government.

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With the above observations and directions, this writ petition is disposed

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of.

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JUDGE

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Comparing Assistant

The President, the School Managing Committee of Milan Adabari M E School and Anr. v. the State of Assam and 5 Ors.

Case brief

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The President, the School Managing Committee of Milan Adabari M E School and Anr. v. the State of Assam and 5 Ors.

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