Disposed

Dilder Hussain and Anr. v. the State of Assam and 5 Ors.

Gauhati HC9 Jan 2024WP(C)/67/2024

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition challenging the constitution of a school managing committee. The Court directed the petitioner to appeal to the Director of Elementary Education for an inquiry and pass an order within two months.

What did the court decide?

Petitioner directed to approach Director of Elementary Education within 15 days via appeal; inquiry to be conducted with order within two months; school MC activities to be monitored by District Eleme

Dilder Hussain and Anr. Vs the State of Assam and 5… — Education and Admissions | Gauhati HC (2024)

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GAHC010002522024

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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)/67/2024

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DILDER HUSSAIN AND ANR

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S/O A. MOTLEB, VILL-KAPURPURA, P.S.-BHURAGAON, DIST-MORIGAON, ASSAM

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2: MAINUL HOQUE S/O ABED ALI VILL-KAHITOLI P.O.-HOLLOWKANDA P.S.-BHURAGAON DIST-MORIGAON ASSA

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VERSUS

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THE STATE OF ASSAM AND 5 ORS

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REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM, SCHOOL EDUCATION (ELEMENTARY), ASSAM, DISPUR, GHY06

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2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA

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3:THE DISTIRCT ELEMENTARY EDUCATION OFFICER MORIGAON DIST-MORIGAON ASSAM

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4:THE BLOCK ELEMENTARY EDUCATION OFFICER LAHARIGHAT CENTRE ASSAM

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5:THE CLUSTER RESOURCE CENTRE COORDINATOR TULSHIBORI

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LAHARIGHAT

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6:THE HEADMASTER KAPURPOORA L.P. SCHOOL ASSA

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Advocate for the Petitioner : MR M H AHMED

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Advocate for the Respondent : SC, ELEM. EDU

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BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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ORDER

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Date : 10.01.2024

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The petitioner by way of instituting the present petition has made a challenge to the constitution of the school managing committee with one Abdul Salam as the president by the District Elementary Officer vide communication dated 29.11.2023.

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It is the case of the petitioner that the said constitution was not made in accordance with the provision of the Rules holding the field and the same was so made by the Headmaster by incorporating persons close to him in clear violation of the provision of Assam Right of Children to Free and Compulsory Education Rules, 2011.

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The issue as arisen in the present proceeding would require a verification of the factual aspect involved and the same may not possible at this stage to be decided by way of directing the parties to file affidavits.

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Accordingly, the petitioner is hereby directed to approach the Director of Elementary Education, Assam within 15 days from today by way of an appeal and therein take all grounds available to him with regard to the challenge made by him to the constitution of the school managing committee for Kapurpura L.P. School.

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The Director of Elementary Education, Assam on receipt of the said appeal form the petitioner shall cause an enquiry into the allegation leveled by him therein and after hearing the petitioner as well as the school authorities and also the person who has now been appointed as

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the President of the School Managing Committee of the school shall pass an order with regard to the validity of the School Managing Committee as constituted vide the communication dated 29.11.2023. The said exercise shall be completed within a period of two months from the date of receipt of the appeal along with the certified copy of this order.

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It is stated that in the event the appeal is filed within a period of 15 days as directed hereinabove by the petitioner, the Director of Elementary Education, Assam shall direct the District Elementary Education Officer to monitor the activities of the said school managing committee, Kapurpura L.P. School and the school managing committee of Kapurpura L.P. School is directed that till disposal of the said appeal they shall not take any decision with regard to any aspect of the school without having the same approved by the District Elementary Education Officer, Morigaon.

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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

Dilder Hussain and Anr. v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Dilder Hussain and Anr. v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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