Disposed

NO.122 Rangirghat L.P. School and Anr. v. the State of Assam and Ors.

Gauhati HC8 Jan 2024WP(C)/651/2018

Case brief

AI extract

What is this about?

Writ petition challenging amalgamation of a government LP school with another school by notification dated 19.12.2017. The court directed the petitioners to appeal under the Siksha Khetra Scheme to the Secretary, Department of School Education, through the Director of Elementary Education, within 15 days; interim stay of the notification continued until disposal.

What the court decided

AI extract

NO.122 Rangirghat L.P. School and Anr. Vs the State… — Education and Admissions | Gauhati HC (2024)

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Page No.# 1/4

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GAHC010023852018

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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)/651/2018

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NO.122 RANGIRGHAT L.P. SCHOOL AND ANR.

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TO BE REP. BY ITS HEAD MISTRESS/SECRETARY (ANAWARA BEGUM LASKAR, AGED ABOUT 47 YRS.), VILL. RANGIRGHAT PART-II, P.O. AMJURGHAT, P.S. SONAI, DIST. CACHAR, ASSAM.

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2: THE SCHOOL MANAGING COMMITTEE (SMC) NO.122 RANGIRGHAT L.P. SCHOOL TO BE REP BY ITS PRESIDENT (RASNU BEGUM BARBHUIYA AGED ABOUT 29 YEARS) VILL. RANGIRGHAT PART-II P.O. AMJURGHAT P.S. SONAI DIST. CACHAR ASSAM.

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3: ANAWARA BEGUM LASKAR

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W/O. LUT AHMED BARBHUIYA VILL. RANGIRGHAT PART-II P.O. AMJURGHAT P.S. SONAI DIST. CACHAR ASSAM.

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4: RASNU BEGUM BARBHUIYA

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W/O. NASIR UDDIN BARBHUIYA VILL. RANGIRGHAT PART-II P.O. AMJURGHAT P.S. SONAI DIST. CACHAR ASSAM

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VERSUS

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THE STATE OF ASSAM AND ORS.

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REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPTT., DISPUR, GHY.

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2:THE DIRECTOR OF ELEMENTARY EDUCATION

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ASSAM KAHILIPARA GHY.

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3:THE DIST. LEVEL COMMITTEE

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TO BE REP. BY THE ADDL. DY. COMMISSIONER IN CHARGE EDUCATION DEPTT. CACHAR P.O. AND P.S. SILCHAR DIST. CACHAR ASSAM

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4:DTHE BLOCK LEVEL COMMITTEE

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TO BE REP. BY THE DIST. ELEMENTARY EDUCATION OFFICER CACHAR P.O. AND P.S. SILCHAR DIST. CACHAR ASSAM

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5:THE ADDL. CHIEF SECRETARY

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TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION DEPTT. ASSAM DISPUR GHY.

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6:THE PRINCIPAL SECRETARY

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TO THE GOVT. OF ASSAM SECONDARY EDUCATION DEPTT. ASSAM DISPUR GHY.

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7:THE DY. SECRETARY

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TO THE GOVT. OF ASSAM EDUCATION DEPTT. DISPUR

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Page No.# 3/4

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GHY.

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8:BLOCK ELEMENTARY EDUCATION OFFICER

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SONAI EDUCATION BLOCK P.O. AND P.S. SONAI DIST. CACHAR ASSAM 9:THE MOKBUL ALI AMAZUMDER M.E. SCHOOL TO BE REP. BY ITS HEAD HEAD MASTER VILL. RANGIRGHAT PART-II P.O. AMJURGHAT P.S. SONAI DIST. CACHAR ASSAM

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Advocate for the Petitioner : MR. A M BARBHUIYA

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Advocate for the Respondent : GA, ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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ORDER

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Date : 09.01.2024

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Heard Mr. A.M. Barbhuya, learned counsel for the petitioner. Also heard Mr. A. Phukan, learned counsel for the respondents No.1, 2, 4, 5, 6, 7 and 8 and Ms. D. Das Barman, learned counsel for the respondent No.3.

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The present proceeding has been instituted by the petitioner No.122 Rangirghat L.P. School against the order of amalgamation dated 19.12.2017 by which the petitioner No.1 school was amalgamated with Mokbul Ali Mazumder M.E. School. The said amalgamation was not accepted by the school managing committee and in the meeting convened on 03.02.2018, the amalgamation of the school in question was deprecated.

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One of the grounds taken to challenge the said amalgamation was that in between two schools, there is a PWD road which has heavy traffic going through it and would cause danger to the students of the school, if they have to attend classes in the amalgamated school.

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Page No.# 4/4

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Secondly, it was also said that the said school in question is around 100 years old and in the event of amalgamation of the school it would lose its entity and rich history it has.

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This Court in its order dated 12.02.2018 while issuing notice had stayed the notification dated 19.12.2017 with respect to the petitioner school. The said order continues to hold the field till date. The order of amalgamation reflects that in the event there is any grievance or any dispute is raised with regard to the amalgamation effected, the aggrieved parties to bring it to the notice of Director of Elementary Education, Assam for adjudication. Further the scheme under which the amalgamation are effected contained in the Office Memorandum dated 22.09.2016 and the Siksha Khetra Scheme in Clause 7 provides that any dispute arising out of an order of amalgamation, the aggrieved institute/public may prefer an appeal before the Government in the Elementary/Secondary Education as the case may be.

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In view of the said position, the petitioner is hereby directed to prefer an appeal before the Secretary, Department of School Education, Assam and such appeal be routed through the Director of Elementary Education, Assam. The appeal be filed before the Director of Elementary Education, Assam within a period of 15 days from today. The Director of Elementary Education, Assam shall on receipt of the said appeal forward the same to the Secretary, Department of School Education. The Secretary, Department of School Education on receipt of the said appeal shall either himself consider the same or have the same placed before any other designated committee or authority if any such committee or authority exists. On final consideration of the appeal and after verifying the facts as stated therein, the appeal of the petitioner as submitted be disposed of by the Secretary to the Government of Assam, Department of School Education by way of a speaking order. Such speaking order be communicated to the Member Secretary School Managing Committee of No. 122 Rangirghat L.P. School forthwith. Till the process of considering the appeal and passing the speaking order as directed, the notification dated 19.12.2017 in respect of the petitioner school shall remain stayed.

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With the above observation and direction, the writ petition stands disposed of.

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JUDGE

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Comparing Assistant

NO.122 Rangirghat L.P. School and Anr. v. the State of Assam and Ors.

Case brief

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What the court decided

NO.122 Rangirghat L.P. School and Anr. v. the State of Assam and Ors.

Case brief

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What the court decided

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