Disposed

Bhumidhar Roy and 21 Ors. v. the State of Assam and 4 Ors.

Gauhati HC6 Apr 2025WP(C)/3298/2024

Case brief

AI extract

What is this about?

Teachers and staff of venture higher secondary schools in Assam challenged refusal of government permission for H.S. First Year admission and deactivation from the DARPAN admission portal. The court found the schools fulfilled feasibility criteria, quashed the impugned communications, and directed the authorities to consider granting permission within three weeks.

What did the court decide?

Impugned letter dated 14.09.2022, communication dated 03.06.2024 and order dated 08.01.2024 set aside; respondents directed to consider granting permission within three weeks; no costs.

Bhumidhar Roy and 21 Ors. Vs the State of Assam and… — Education and Admissions | Gauhati HC (2025)

Page No.# 1/44

GAHC010125942024

undefined

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶5

Case No. : WP(C)/3224/2024

¶6

ARJUN DAS AND 26 ORS S/O- TARUN KUMAR DAS, VILL.- DUBAPARA, P.O.- DUBAPARA, DIST.GOALPARA, PIN- 783101. (SUBJECT TEACHER, DUBAPARA H.S. SCHOOL)

¶7

2: IBRAHIM ALI S/O- ABUL HUSSAIN VILL.- DUBAPARA LUPTACHAR P.O. DUBAPARA DIST.- GOALPARA PIN - 783101. (SUBJECT TEACHER DUBAPARA H.S. SCHOOL)

¶8

3: JAHIRUL ISLAM S/O- ABDUL BARIK VILL.- DUBAPARA P.O.- DUBAPARA DIST.- GOALPARA PIN- 783101. (SUBJECT TEACHER DUBAPARA H.S. SCHOOL)

¶9

4: AMBAZ ALI BHUYAN S/O- ABDUL MAZID BHUUYAN VILL.- UZIRAR CHAR P.O.- UZIRAR CHAR DIST.- BARPETA PIN- 783101. (SUBJECT TEACHER DUBAPARA H.S. SCHOOL)

¶10

5: SHAIZUDDIN AHMED S/O- ABDUL GONI VILL.- AZAD NAGAR

¶11

Page No.# 2/44

¶12

P.O.- BALADMARI DIST.- GOALPARA PIN- 783121. (SUBJECT TEACHER DUBAPARA H.S. SCHOOL)

¶13

6: KARABI DEVI D/O- MANORANJAN NATH VILL.- DUBAPARA P.O.- DUBAPARA DIST.- GOALPARA PIN - 783101. (SUBJECT TEACHER DUBAPARA H.S. SCHOOL) 7: BISWAJIT DAS S/O- RAMESH CH. DAS VILL.- DUBAPARA P.O.- DUBAPARA DIST.- GOALPARA ASSAM. (GRADE IV DUBAPARA H.S. SCHOOL) 8: ASHWINI KR. NATH S/O- NIREN CH. NATH VILL.- BHELAKHAMAR P.O.- KRISHNAI DIST.- GOALPARA ASSAM PIN - 783126. (SUBJECT TEACHER DAHIKATA BHOJMALA H.S. SCHOOL) 9: MITHUN KR. RABHA S/O- PRABIN RABHA VILL.- BONGAON P.O.- CHOTOMATIA DISTRICT - GOALPARA ASSAM PIN - 783126. (SUBJECT TEACHER DAHIKATA BHOJMALA H.S. SCHOOL) 10: BHASWATI SARMA D/O- MANI KANTA SARMA VILL.- PAIKAN PO KRISHNAI DIST.- GOALPARA

¶14

Page No.# 3/44

¶15

ASSAM. (SUBJECT TEACHER DAHIKATA BHOJMALA H.S. SCHOOL) 11: DHIRAJ CH. NATH S/O- NARAYAN NATH VILL.- TAKADIYA BORI P.O.- LALABARI DIST.- GOALPARA ASSAM PIN - 783126. (L.D.A DAHIKATA BHOJMALA H.S. SCHOOL)

¶16

12: DILIP KR. NATH S/O- MANAMOHAN NATH VILL.- BHOJMALA P.O.- LALABARI DIST.- GOALPARA ASSAM. (GRADE IV DAHIKATA BHOJMALA H.S. SCHOOL) 13: ABDUR RAHIM TALUKDAR S/O- ABDUL GARUR TALUKDAR VILL.- AND P.O.- RAJMITA DIST.- GOALPARA ASSAM. (SUBJECT TEACHER TARANGAPUR H.S. SCHOOL)

¶17

14: ABU BAKKAR SIDDIQUE S/O- SAHAR ALI MIAH VILL.- SUPARIVITA P.O.- TULSHIBARI DIST.- GOALPARA ASSAM. (SUBJECT TEACHER POL. SC. TARANGPUR H.S. SCHOOL) 15: MOHIR UDDIN S/O- SAMSUL HOQUE VILL.- TARANGAPUR P.O.- TULSIBARI DIST.-GOALPARA ASSAM. (SUBJECT TEACHER TARANGAPUR H.S. SCHOOL)

¶18

16: ABUL KALAM AZAD

¶19

Page No.# 4/44

¶20

S/O- MOHIR UDDIN AHMED VILL.- SUPARIVITA P.O.-TULSIBARI DIST.- GOALPARA ASSAM. (SUBJECT TEACHER TARANGAPUR H.S. SCHOOL) 17: ABTABUL AMBIA MOLLAH S/O- ABDUL RAHMAN MOLLAH VILL.- TARANGAPUR P.O.-TULSIBARI DIST.- GOALPARA ASSAM. (SUBJECT TEACHER TARANGAPUR H.S. SCHOOL) 18: MOINUL HOQUE CHOUDHURY S/O- ABDUL SATTER MIAH VILL.- CHILARVITA P.O.- TULSIBARI DIST.- GOALPARA ASSAM. (SUBJECT TEACHER TARANGAPUR H.S. SCHOOL) 19: ROFIQUL ISLAM S/O- TOMSER ALI VILL.- SUPARIVITA P.O.- TULSIBARI DIST.- GOALPARA ASSAM. (LDA TARANGAPUR H.S. SCHOOL) 20: NOZRUL ISLAM S/O- LOKMAN ALI VILL.- TARANGAPUR P.O.- TULSIBARI DIST.- GOALPARA ASSAM. (MENIAL (GRADE-IV) TARANGAPUR H.S. SCHOOL)

¶21

21: SHOHIDUR ISLAM S/O- KADAM ALI VILLAGE MANASHPARA P.O.- LAKHIPUR

¶22

Page No.# 5/44

¶23

DIST.- GOALPARA ASSAM. (SUBJECT TEACHER FOLIMARI H.S. SCHOOL) 22: MD. ABUL HOSSAIN S/O- MD. ANU SHEIKH VILL.- CHIRAKUTI P.O.- CHIRAKUTI DIST.- DHUBRI ASSAM. (SUBJECT TEACHER FOLIMARI H.S. SCHOOL) 23: SAIDUR RAHMAN S/O- RAMJAN ALI VILL.- SATSIA P.O.- JAMADARHAT DIST.- DHUBRI ASSAM PIN - 783330. (SUBJECT TEACHER FOLIMARI H.S. SCHOOL) 24: HOSNEARA BEGUM W/O RAFIQUL ISLAM VILL.- NOTUN BAZAR LAKHIPUR P.O.- LAKHIPUR DIST.- GOALPARA ASSAM. (SUBJECT TEACHER FOLIMARI H.S. SCHOOL) 25: ABU BAKKAR SIDDIQUE S/O- ABAD HUSSAIN VILL.- MANASHPARA P.O.- LAKHIPUR DIST.- GOALPARA ASSAM. (SUBJECT TEACHER FOLIMARI H.S. SCHOOL) 26: NOZRUL ISLAM S/O- AMAZAD HUSSAIN VILL.- FOLIMARI P.O.- LAKHIPUR DIST.- GOALPARA ASSAM. (LDA

¶24

Page No.# 6/44

¶25

FOLIMARI H.S. SCHOOL)

¶26

27: SAMUDA BEGUM W/O- ABUL HUSSAIN VILL.- MANASHPARA P.O.- LAKHIPUR DIST.- GOALPARA ASSAM PIN - 783129. (GRADE IV FOLIMARI H.S. SCHOOL

¶27

VERSUS

¶28

THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI-781006.

¶29

2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE INSPECTOR OF SCHOOLS GOALPARA DISTRICT CIRCLE GOALPARA. 4:SECRETARY ASSAM HIGHER SECONDARY EDUCATION COUNCIL BAMUNIMAIDAM GUWAHATI-781021.

¶30

5:CHAIRMAN ASSAM HIGHER SECONDARY EDUCATION COUNCIL BAMUNIMAIDAM GUWAHATI-781021

¶31

Advocate for the Petitioner : MR. K N CHOUDHURY, MR. A DEKA,N GAUTAM,MS S A KHALIFA,MRS. K DEVI

¶32

Advocate for the Respondent : SC, SEC. EDU., SC, AHSEC

¶33

Linked Case : WP(C)/3294/2024

¶34

Page No.# 7/44

¶35

LAKHIMAI DUTTA AND 27 ORS S/O- MOHAN DUTTA VILL.- RAJABARI P.O.- DHOLPUR DIST.- LAKHIMPUR ASSAM. (SUBJECT TEACHER BISHNUPUR TEKJURI H.S. SCHOOL) 2: BHUPEN KONWAR S/O- CHAKRADHAR KONWAR VILL.- BHARALICHUK P.O.- DHEMAJI DIST.- DHEMAJI ASSAM. (SUBJECT TEACHER BISHNUPUR TEKJURI H.S. SCHOOL) 3: RABIN TAMULI S/O- LATE MOHAN TAMULI VILL.- RAJBHAR P.O.- BISHNUPUR DIST.- DHEMAJI ASSAM. (SUBJECT TEACHER BISHNUPUR TEKJURI H.S. SCHOOL) 4: PRANAB SAIKIA S/O- KAMAL CH. SAIKIA VILL.- BHARALICHUK P.O.- DHEMAJI DIST.- DHEMAJI ASSAM. (SUBJECT TEACHER BISHNUPUR TEKJURI H.S. SCHOOL) 5: MANUJ KUMAR DIHINGIA S/O- JUGEN DIHINGIA VILL.- TELIJAN P.O.- HATIGARH DIST.- DHEMAJI ASSAM. (SUBJECT TEACHER BISHNUPUR TEKJURI H.S. SCHOOL) 6: PRASANNA PAYENG S/O- MR. KARTIK PAYENG VILL.- SAHBARI KALIA

¶36

Page No.# 8/44

¶37

P.O.- JAMUGURI PANCHALI DIST.- DHEMAJI ASSAM. (SUBJECT TEACHER BISHNUPUR TEKJURI H.S. SCHOOL) 7: DULU KONCH CHAMUAH S/O- LATE PUMARAM KONCH VILL.- GARUBANDHA P.O.- BISHNUPUR DIST.- DHEMAJI ASSAM. (OFFICE ASSISTANT BISHNUPUR TEKJURI H.S. SCHOOL) 8: PROMUD BORUAH S/O- LATE DEHIRAM BORUAH VILL.- TEKJURI RAJABARI P.O.- BISHNUPUR DIST.- DHEMAJI ASSAM. (CHOWKIDER BISHNUPUR TEKJURI H.S. SCHOOL) 9: TROILUKYA BHUYAN S/O- DIMBESWAR BHUYAN VILL.- HALUWAJAN P.O.- KHOGA DISTRICT - DHEMAJI ASSAM. (SUBJECT TEACHER TULSIBARI ADARSHA HIGHER SECONDARY SCHOOL DHEMAJI) 10: BISHNU BORUAH S/O- JIBAN BORUAH VILL.- BORPATRA GAON P.O.- DHAKUAKHANA DIST.- LAKHIMPUR ASSAM. (SUBJECT TEACHER TULSIBARI ADARSHA HIGHER SECONDARY SCHOOL DHEMAJI) 11: JAYANTA BORUAH S/O- LATE GHANA BORUAH VILL.- CHETIA GAON P.O.- GHILAMARA DIST.- LAKHIMPUR ASSAM.

¶38

Page No.# 9/44

¶39

(POST GRADUATE TEACHER TULSIBARI ADARSHA HIGHER SECONDARY SCHOOL DHEMAJI) 12: HARI PRASSANA DAS S/O- KAMAL CHANDRA DAS VILL.- CHOULDHUA BALI GAON P.O.- GOGAMUKH DIST.- DHEMAJI ASSAM. (OFFICE ASSISTANT TULSIBARI ADARSHA HIGHER SECONDARY SCHOOL DHEMAJI) 13: AJIT SAIKIA S/O- REBAT SAIKIA VILL.- NA-PAM BALI GAON P.O.- GOGAMUKH DIST.- DHEMAJI ASSAM. (GRADE-IV STAFF TULSIBARI ADARSHA HIGHER SECONDARY SCHOOL DHEMAJI) 14: SMIRITI PHUKAN W/O- BHASKAR BORGOHAIN VILL.- BOARDING ROAD NAZIRA NO.2 P.O.- NAZIRA DIST.- SIVASAGAR ASSAM. (SUBJECT TEACHER HARIPARAGHAT H.S. SCHOOL) 15: NAMITA NATH W/O- ACHYUT NATH VILL.- NEMUGURI NATH GAON P.O.- NEMUGURI DIST.-SIVASAGAR ASSAM. (SUBJECT TEACHER HARIPARAGHAT H.S. SCHOOL) 16: BROJEN SENSUA S/O- KAMALESWAR SENSUA VILL.- BOATA KHAMUN P.O.-KHAMUN DIST.- SIVASAGAR ASSAM.

¶40

Page No.# 10/44

¶41

(SUBJECT TEACHER HARIPARAGHAT H.S. SCHOOL)

¶42

17: ACHYUT CHETIA S/O- KSHIRUD CHETIA VILL.- BETARI BUKABILL P.O.-MITHAPUKHURI DIST.- SIVASAGAR ASSAM. (SUBJECT TEACHER HARIPARAGHAT H.S. SCHOOL) 18: CHANYA BURAGOHAIN W/O- BHASKAR GOGOI VILL.- NEAR NAMRUP RAILWAY STATION P.O.- NAMRUP DIST.- DIBRUGARN ASSAM. (SUBJECT TEACHER HARIPARAGHAT H.S. SCHOOL) 19: ACHINTA BURAGOHAIN S/O- PREMANANDA BURAGOHAIN VILL.- BOKATA PUNIBILL GOHAIN GAON P.O.- NEMUGURI DIST.- SIVASAGAR ASSAM. (SUBJECT TEACHER HARIPARAGHAT H.S. SCHOOL) 20: CHANDRA BORGOHAIN S/O- ARUN BORGOHAIN VILL.- MOTHIA CHIGA GOHAIN GAON P.O.- SIVASAGAR DIST.- SIVASAGAR ASSAM. (SUBJECT TEACHER HARIPARAGHAT H.S. SCHOOL) 21: JAYANTA GOGOI S/O- RATNESWAR GOGOI VILL.- BOATA KHANIKAR P.O.- KHAMUN DIST.- SIVASAGAR ASSAM. (OFFICE ASSISTANT HARIPARAGHAT H.S. SCHOOL)

¶43

Page No.# 11/44

¶44

22: PRONOB BURAGOHAIN S/O- BHUEN BURAGOHAIN VILL.- BOATA KHANIKAR P.O.- KHAMUN DIST.- SIVASAGAR ASSAM. (GRADE-IV STAFF HARIPARAGHAT H.S. SCHOOL) 23: RANU SAIKIA D/O- LATE DHARMESWAR SAIKIA VILL.- KHEREMA KACHARI GAON P.O.- BORHOLLA DIST.- JORHAT ASSAM. (SUBJECT TEACHER BORKACHARI H.S. SCHOOL)

¶45

24: KARUNA BORA S/O DAMUDOR BORA VILL.- KHEREMA KACHARI GAON P.O.- BORHOLLA DIST.- JORHAT ASSAM. (SUBJECT TEACHER BORKACHARI H.S. SCHOOL)

¶46

25: SARAT RAJKHOWA S/O- LAKHI RAJKHOWA VILL.- LOHOLIA P.O.- EKORANI DIST.- JORHAT ASSAM. (SUBJECT TEACHER BORKACHARI H.S. SCHOOL) 26: PRASANTA BORAH S/O- TARUN CHANDRA BORAH VILL.- BORKACHARI P.O.- BORHOLLA DIST.- GOLAGHAT ASSAM. (SUBJECT TEACHER BORKACHARI H.S. SCHOOL)

¶47

27: AMAR DEEP BORA S/O- LATE SACHIRAM BORAH VILL.- MOTHADUNG

¶48

Page No.# 12/44

¶49

P.O.- PULIKAITONI DIST.- GOLAGHAT ASSAM. (OFFICE ASSISTANT BORKACHARI H.S. SCHOOL)

¶50

28: ATUL CHANDRA HAZARIKA S/O- GHANAKANTA HAZARIKA VILL.- BORKACHARI P.O.- BORHOLLA DIST.- GOLAGHAT ASSAM. (GRADE-IV STAFF BORKACHARI H.S. SCHOOL) VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM EDUCATION (SECONDARY) DEPARTMENT DISPUR GUWAHATI-781006. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE INSPECTOR OF SCHOOLS DHEMAJI DISTRICT - DHEMAJI. 4:THE INSPECTOR OF SCHOOLS SIVASAGAR. SIVASAGAR.

¶51

5:THE INSPECTOR OF SCHOOLS GOLAGHAT. GOLAGHAT.

¶52

6:SECRETARY ASSAM HIGHER SECONDARY EDUCATION COUNCIL BAMUNIMAIDAM GUWAHATI-781021.

¶53

7:CHAIRMAN ASSAM HIGHER SECONDARY EDUCATION COUNCIL BAMUNIMAIDAM GUWAHATI-781021.

¶54

¶55

Page No.# 13/44

¶56

Advocate for : MRS. K DEVI Advocate for : SC SEC. EDU. appearing for THE STATE OF ASSAM AND 6 ORS

¶57

Linked Case : WP(C)/3264/2024 KALYAN KISHORE NATH AND 22 ORS S/O- SARADANANDA NATH VILL.- LOHOWAL P.O.- TAMULICHIGA DIST.- JORHAT ASSAM. (SUBJECT TEACHER BONAI H.S. SCHOOL) 2: BOBBY DUTTA S/O- LILAKANTA DUTTA VILL.- BONAI P.O.- BONAI DIST.- JORHAT ASSAM. (SUBJECT TEACHER BONAI H.S. SCHOOL) 3: ARCHANA BORAH D/O- PRAFULLA BORAH VILL.- BONAI DHONTOLA GAON P.O.- ROBI GAON DIST.- JORHAT ASSAM. (SUBJECT TEACHER BONAI H.S. SCHOOL) 4: DIGANTA SAIKIA S/O- NARAYAN SAIKIA VILL.- AND P.O.- AMTAL DISTRICT JORHAT. (SUBJECT TEACHER BONAL HIGHER SECONDARY SCHOOL)

¶58

5: INDRA KR. BORAH S/O- LATE GUNIN BORAN VILL.- TEOK DA-GUAL GAON P.O.- TEOK DIST.- JORHAT ASSAM.

¶59

Page No.# 14/44

¶60

(SUBJECT TEACHER/PGT KAWOIMARI H.S. SCHOOL) 6: MUKUL BORAH S/O- LATE SAVARAM BORAH

¶61

VILL- KALYANPUR P.O.- NAGAJANKA DIST.- JORHAT ASSAM. (SUBJECT TEACHER/PGT KAWOIMARI H.S. SCHOOL)

¶62

7: ATUL BORAH S/O- LATE RUPON BORAH VILL.- AZAROGURI GARAMUR P.O.- AUGURI MISSING GAON DIST.- JORHAT ASSAM. (SUBJECT TEACHER/PGT KAWOIMARI H.S. SCHOOL) 8: PUSPANJALI HAZARIKA S/O- TOSHESWAR HAZARIKA VILL.- BONAI CHAPANI P.O.- BONAI DIST.- JORHAT ASSAM. (SUBJECT TEACHER/PGT KAWOIMARI H.S. SCHOOL) 9: BITUL BHUYAN S/O- BADAN BHUYAN VILL.- ASSAIBARI SONARL GAON P.O.- CHOWTANG DIST.- JORHAT ASSAM. (OFFICE ASSISTANT KAWOIMARI H.S. SCHOOL) 10: PRODIP BORAH S/O- KANPAL BORAH VILL.- MILANPUR P.O.- SRIRAM BANAMALI DIST.- MAJULI ASSAM.

¶63

Page No.# 15/44

¶64

(SUBJECT TEACHER SRIRAM H.S. SCHOOL) 11: SHIKHAMONI GOSWAMI W/O- PADUM MAHANTA VILL.- TAKOWBARI P.O.- MUDOIBIL DIST.- MAJULI ASSAM. (SUBJECT TEACHER SRIRAM H.S. SCHOOL) 12: CHINTAMONI TAMULI W/O- BINANDRA BORA VILL.- ABHAYPURIA P.O.- BHAKATI DUAR DIST.- MAJULL ASSAM. (SUBJECT TEACHER SRIRAM H.S. SCHOOL) 13: JADU PRASAD SAIKIA S/O- BHOLA SAIKIA VILL.- TAKOWBARI P.O.- MUDOIBIL DIST.- MAJULL ASSAM. (SUBJECT TEACHER SRIRAM H.S. SCHOOL) 14: MAHENDRA HAZARIKA S/O- JOGEN HAZARIKA VILL.- MUDOIBIL P.O.- MUDOIBIL MAJULI ASSAM. (OFFICE ASSISTANT SRIRAM H.S. SCHOOL) 15: ANUPAM BORAH S/O- DAMUDAR BORAH VILL.- MUDOIBIL P.O.- MUDOIBIL DIST.- MAJULI ASSAM. (GRADE-IV STAFF SRIRAM H.S. SCHOOL)

¶65

Page No.# 16/44

¶66

16: BIREN KR. NATH S/O- BHOGESWAR NATH VILL.- POHUMARA NATH GAON P.O.- RANGACHAHI NIKINIKHOWA DIST.- MAJULI ASSAM. (SUBJECT TEACHER RATANPUR H.S. SCHOOL) 17: DIPTI HAZARIKA W/O- HORENDRA NATH SAIKLA VILL.- BONGAON P.O.- BONGAON DIST.- MAJULI ASSAM. (SUBJECT TEACHER RATANPUR H.S. SCHOOL) 18: JOGEN SAIKIA S/O- NIRAN SALKIA VILL.- MUDOI GAON P.O.- BONGAON DIST.- MAJULL ASSAM. (SUBJECT TEACHER RATANPUR H.S. SCHOOL) 19: MATHURA NATH BORAH S/O- BAJOW BORAH VILL.- POHUMARA P.O.- RANGACHAHI NIKINIKHOWA DIST.- MAJULI ASSAM. (SUBJECT TEACHER RATANPUR H.S. SCHOOL) 20: BINU BORAH W/O- HEMEDRA SAIKIA VILL.- RATANPUR P.O.- RATANPUR DIST.- MAJULI ASSAM. (SUBJECT TEACHER RATANPUR H.S. SCHOOL)

¶67

21: DIBYA JYOTI BORAH S/O- LATE BHUBAN CH. BORAH VILL.- RATANPUR

¶68

Page No.# 17/44

¶69

P.O.- RATANPUR DIST.- MAJULI ASSAM. (SUBJECT TEACHER RATANPUR H.S. SCHOOL) 22: SANJOY LAHON S/O- KHOGEN LAHON VILL.- LAHON GAON P.O.- RATANPUR DIST.- MAJULI ASSAM. (OFFICE ASSISTANT RATANPUR H.S. SCHOOL) 23: JIBON BORAH S/O- LATE GUPIRAM BORAH VILL.- RATANPUR P.O.- RATANPUR DIST.- MAJULI ASSAM. (GRADE IV STAFF RATANPUR H.S. SCHOOL) VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM EDUCATION (SECONDARY) DEPARTMENT DISPUR GUWAHATI-781006. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE INSPECTOR OF SCHOOLS JORHAT DISTRICT CIRCLE JORHAT. 4:SECRETARY ASSAM HIGHER SECONDARY EDUCATION COUNCIL BAMUNIMAIDAM GUWAHATI-781021. 5:CHAIRMAN ASSAM HIGHER SECONDARY EDUCATION COUNCIL BAMUNIMAIDAM GUWAHATI-781021.

¶70

Page No.# 18/44

¶71

-----------Advocate for : MRS. K DEVI Advocate for : SC SEC. EDU. appearing for THE STATE OF ASSAM AND 4 ORS

¶72

Linked Case : WP(C)/3298/2024

¶73

BHUMIDHAR ROY AND 21 ORS S/O- JOGAT CH. ROY VILL.- KISMAT HASDAHA PT-II P.O.- KISMAT HASDAHA DIST.- DHUBRI ASSAM. (SUBJECT TEACHER KISMAT HASDAHA H.S. SCHOOL) 2: BHUPESH CHANDRA ROY S/O- KAILASH CH. ROY VILL.- SINGIMARI PT-I P.O.- TISTERPAR DIST.- DHUBRI ASSAM. (SUBJECT TEACHER KISMAT HASDAHA H.S. SCHOOL)

¶74

3: MD. SURAT ZAMAL SK. S/O- KABEJ UDDIN SK. VILL.- SAGOLCHARA PT-II P.O.- SAGOLCHARA DIST.- DHUBRI ASSAM. (SUBJECT TEACHER KISMAT HASDAHA H.S. SCHOOL) 4: NILAM PRODHANI S/O- BHUBAN PRODHANI VILL.- RATIADAHA PT-II P.O.- RATIADAHA DIST.- DHUBRI ASSAM. (SUBJECT TEACHER KISMAT HASDAHA H.S. SCHOOL) 5: SOPIAR RAHMAN S/O- SIDDIK ULLAH SHEIKH VILL.- JANGLIA

¶75

Page No.# 19/44

¶76

P.O.- HOWRARPAR DIST.- DHUBRI (SUBJECT TEACHER KISMAT HASDAHA H.S. SCHOOL) 6: MINAKSHI ROY D/O- SATISH CHANDRA ROY VILL.- KISMAT HASDAHA PT-II P.O.- KISMAT HASDAHA DIST.- DHUBRI ASSAM. (SUBJECT TEACHER KISMAT HASDAHA H.S. SCHOOL) 7: ABDUL MONNAF HUSSAIN PRODHANI S/O- MOKBUL HUSSAIN PRODHANI VILL.- DEBOTTAR HASDAHA PT-IV P.O.- KISMAT HASDAHA DIST.- DHUBRI ASSAM. (SUBJECT TEACHER KISMAT HASDAHA H.S. SCHOOL) 8: JAHIRUL ISLAM S/O- ABDUL JALIL SK VILL.- KISMAT HASDAHA PT-IV P.O.- KISMAT HASDAHA DIST.- DHUBRI ASSAM. (GRADE IV (PEON) KISMAT HASDAHA H.S. SCHOOL) 9: MOINUL ISLAM AHMED S/O- MAHAR UDDIN AHMED VILL.- JHAGRARPAR PT-III P.O.- JHAGRARPAR DIST.- DHUBRI ASSAM. (SUBJECT TEACHER BARKANDA PEOPLES ACADEMY H.S. SCHOOL)

¶77

10: ALI HOSSAIN S/O- LATE BHOMAR ALI VILL.- TOPPPARA JHAWPARA PT-II P.O.- RANGAMATI (PANBARI) DIST.- DHUBRI ASSAM. (SUBJECT BARKANDA PEOPLES ACADEMY H.S. SCHOOL)

¶78

Page No.# 20/44

¶79

11: HAWANUR BEGOM S/O- LATE MOZIBAR RAHMAN VILL.- GHASHBARI P.O.- GHASHBARI DIST.- DHUBRI ASSAM. (SUBJECT TEACHER BARKANDA PEOPLES ACADEMY H.S. SCHOOL) 12: AZIZUR RAHMAN AHMED S/O- LATE NASHIR UDDIN SHEKH VILL.- GHARER-ALGA P.O.- GERAMARI DIST.- DHUBRI ASSAM. (SUBJECT TEACHER BARKANDA PEOPLES ACADEMY H.S. SCHOOL) 13: ROFIQUL ISLAM S/O- ABDUL KADER AHMED VILL.- CHALBANDA P.O.- BARKANDA DIST.- DHUBRI ASSAM. (SR. ASSTT. BARKANDA PEOPLES ACADEMY H.S. SCHOOL) 14: ASHRAFUL ALOM S/O- MOZAMMEL HOQUE VILL.- CHALBANDA P.O.- BARKANDA DIST.- DHUBRI ASSAM. (4TH GRADE BARKANDA PEOPLES ACADEMY H.S. SCHOOL) 15: ABDUS SAFUR S/O- ABUL SOBAN SK. VILL.- MARA GADA DHAR CHAR P.O.- PAGLAHAT DIST.- DHUBRI ASSAM. (SUBJECT TEACHER PETLAGAON M.H.S. SCHOOL) 16: SHAHAB ALI PORAMANIK S/O- SONAULLAH PORAMANIK VILL.- JALDOBA PT-I

¶80

Page No.# 21/44

¶81

P.O.- PAGLAHAT DIST.- KOKRAJHAR ASSAM. (SUBJECT TEACHER PETLAGAON M.H.S. SCHOOL) 17: JAHIRA BEGOM D/O- JAHER ALI SK. VILL.- KURSHAKATI P.O.- KURSHAKATI DIST.- DHUBRI ASSAM. (SUBJECT TEACHER M.H.S. SCHOOL) 18: MAZID ALI SARKAR S/O- MOKSED ALI SARKAR VILL.- KEDAR PT-II P.O.- DIMAKURI DIST.- DHUBRI ASSAM. (SUBJECT TEACHER PETLAGAON M.H.S. SCHOOL)

¶82

19: MD. ABDUL BAREQUE MONDAL S/O- MD. MOTIUR RAHMAN VILL.- TARAKANDI P.O.- TARAKANDI DIST.- BARPETA ASSAM. (SUBJECT TEACHER PETLAGAON M.H.S. SCHOOL) 20: MD. NURUL ISLAM S/O- LATE NIZIMUDDIN SK. VILL.- HOWRIAPET NO. 2 P.O.- SAPKATA DIST.- KOKRAJHAR ASSAM. (SUBJECT TEACHER PETLAGAON M.H.S. SCHOOL) 21: USOF ALI SARKAR S/O- LATE ABDUL HAMID SK. VILL.- MADHYAPETLA P.O.- PETLAGGAON DIST.- DHUBRI

¶83

Page No.# 22/44

¶84

ASSAM. (SENIOR ASSISTANT PETLAGAON M.H.S. SCHOOL) 22: ABU BAKKAR SIDDIQUE S/O- NUR HOSSAIN SK. VILL.- MADHYAPETLA P.O.- PETLAGGAON DIST.-DHUBRI ASSAM. (GRADE-IV PETLAGAON M.H.S. SCHOOL) VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM EDUCATION (SECONDARY) DEPARTMENT DISPUR GUWAHATI-781006. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE INSPECTOR OF SCHOOLS DHUBRI DISTRICT CIRCLE DHUBRI. 4:SECRETARY ASSAM HIGHER SECONDARY EDUCATION COUNCIL BAMUNIMAIDAM GUWAHATI-781021. 5:CHAIRMAN ASSAM HIGHER SECONDARY EDUCATION COUNCIL BAMUNIMAIDAM GUWAHATI-781021. -----------Advocate for : MRS. K DEVI Advocate for : SC SEC. EDU. appearing for THE STATE OF ASSAM AND 4 ORS Linked Case : WP(C)/3265/2024

¶85

ABUL HUSSAIN AND 21 ORS S/O- UMAR ALI VILL.- KHOPANIKUCHI

¶86

Page No.# 23/44

¶87

P.O.- KHOPANIKUCHI DIST.- KAMRUP ASSAM. (SUBJECT TEACHER KHOPANIKUCHI ANCHALIK H.S. SCHOOL) 2: ABBASH ALI S/O- LATE HUSAIN ALI VILL.- AKADI P.O.- AKADI DIST.- KAMRUP ASSAM. (SUBJECT TEACHER KHOPANIKUCHI ANCHALIK H.S. SCHOOL) 3: GIASHUDDIN AHMED S/O- ABDUL CHATTAR VILL.- KOWARPUR P.O.- KOWARPUR DIST.- KAMRUP ASSAM. (SUBJECT TEACHER KHOPANIKUCHI ANCHALIK H.S. SCHOOL) 4: AYNAL HOQUE S/O- LATE BARHAN ALI VILL.- KHOPANIKUCHI P.O.- KHOPANIKUCHI DIST.- KAMRUP ASSAM. (SUBJECT TEACHER KHOPANIKUCHI ANCHALIK H.S. SCHOOL) 5: ABUL BADSHA S/O- ABDUL BADSHA VILL.- GARALIPAM P.O.- BONGLWGI DIST.- BARPETA ASSAM. (SUBJECT TEACHER KHOPANIKUCHI ANCHALIK H.S. SCHOOL) 6: HIKMAT ALI S/O- LATE RUSTAM ALI VILL.- NO. 2 SOULMARI P.O.- BHELKAR BAZAR DISTRICT KAMRUP ASSAM.

¶88

Page No.# 24/44

¶89

(SUBJECT TEACHER KHOPANIKUCHI ANCHALIK H.S. SCHOOL) 7: JULMAT ALI AHMED S/O- LATE PANDIT ALI VILL.- SANIADI CHAKLARPAR P.O.- KHOPANIKUCHI DIST.- KAMRUP ASSAM. (SUBJECT TEACHER KHOPANIKUCHI ANCHALIK H.S. SCHOOL) 8: DULAL ALI S/O- RAIJUDDIN AHMED VILL.- KHOPANIKUCHI P.O.- KHOPANIKUCHI DIST.- KAMRUP ASSAM. (SUBJECT TEACHER KHOPANIKUCHI ANCHALIK H.S. SCHOOL) 9: NAZIR HUSSIAN S/O- LATE SALIMUDDIN MANDAL VILL.- DAIPAM P.O.- DAIPAM DIST.- DARRANG ASSAM. (SUBJECT TEACHER DAIPAM H.S. SCHOOL) 10: AYUB ALI MANDAL S/O- LATE BACHCHU MANDAL VILL.- DAIPAM P.O.- DAIPAM DIST.- DARRANG ASSAM. (SUBJECT TEACHER DAIPAM H.S. SCHOOL) 11: JABID ALI S/O- AMIR HAMZA VILL.- LOWDONG P.O.- MOHANPUR DIST.- UDALGURI ASSAM. (SUBJECT TEACHER DAIPAM H.S. SCHOOL)

¶90

Page No.# 25/44

¶91

12: MD. KUTUBUL ALOM S/O- MAHAMMAD ALI VILL.- DAIPAM P.O.- DAIPAM DIST.- DARRANG ASSAM. (SUBJECT TEACHER DAIPAM H.S. SCHOOL) 13: ALI AKBAR /O- LATE TUFAZZAL HUSSAIN VILL.- NO.1 JHARGAON P.O.- RANIPUKHURI DIST.- UDALGURI ASSAM. (SUBJECT TEACHER DAIPAM H.S. SCHOOL) 14: RUHUL AMIN S/O- AKBAR ALI VILL.- GADAIJHAR P.O.- DALGAON DIST.- DARRANG ASSAM. (SUBJECT TEACHER DAIPAM H.S. SCHOOL)

¶92

15: MD. MURSHIFUL ALOM S/O- MAHAMMAD ALI VILL.- DAIPAM P.O.- DAIPAM DIST.- DARRANG ASSAM. (L.D.A DAIPAM H.S. SCHOOL) 16: ABDUR RAHIM S/O- LATE TAYZUDDIN VILL.- DAIPAM P.O.- DAIPAM DIST.- DARRANG ASSAM. (4TH GRADE DAIPAM H.S. SCHOOL)

¶93

17: REBAN KR. RAJKHOWA S/O- LATE RATNA RAJKHOWA VILL.- GODHAMARA CHOOK

¶94

Page No.# 26/44

¶95

P.O.- JAMUGURIHAT DIST.- SONITPUR ASSAM. (SUBJECT TEACHER SIPARIA H.S. SCHOOL) 18: PRANAB KALITA S/O- LATE BHARAT KALITA VILL.- NAGAWO BARUAH CHOOK P.S.- CHATIA DIST.- SONITPUR ASSAM. (SUBJECT TEACHER SIPARIA H.S. SCHOOL) 19: MANOJ THAPA VILL.- PANPUR P.S.- JAMUGURIHAT DIST.- SONITPUR ASSAM. (SUBJECT TEACHER SIPARIA H.S. SCHOOL) 20: PULIN KALITA S/O- MAHENDRA KALITA VILL.- CHARAIJANIA P.S.- CHATIA DIST.- SONITPUR ASSAM. SUBJECT TEACHER SIPARIA H.S. SCHOOL. 21: PANJAK HAZARIKA S/O- BADAM HAZARIKA VILL.- SOLAL GAON P.S.- CHATIA DIST.- SONITPUR ASSAM. (SUBJECT TEACHER SIPARIA H.S. SCHOOL) 22: JONTI BORTHAKUR S/O- NABIN BARTHAKUR VILL.- DEURIGAON P.O.- KALABARI DIST.- SONITPUR ASSAM. (SUBJECT TEACHER SIPARIA H.S. SCHOOL)

¶96

Page No.# 27/44

¶97

VERSUS

¶98

THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM EDUCATION (SECONDARY) DEPARTMENT DISPUR GUWAHATI-781006. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE INSPECTOR OF SCHOOLS KAMRUP DISTRICT CIRCLE AMINGAON GUWAHATI-31. 4:THE INSPECTOR OF SCHOOLS DARRANG DISTRICT CIRCLE MANGALDOI ASSAM. 5:THE INSPECTOR OF SCHOOLS SONITPUR DISTRICT CIRCLE TEZPUR ASSAM. 6:SECRETARY ASSAM HIGHER SECONDARY EDUCATION COUNCIL BAMUNIMAIDAM GUWAHATI- 781021.

¶99

7:CHAIRMAN ASSAM HIGHER SECONDARY EDUCATION COUNCIL BAMUNIMAIDAM GUWAHATI- 781021. -----------Advocate for : MRS. K DEVI Advocate for : SC SEC. EDU. appearing for THE STATE OF ASSAM AND 6 ORS Linked Case : WP(C)/3855/2024

¶100

DULUMONI BORAH AND10 ORS W/O -MR. RAJEN BHUYAN R/O- TARAJAN SONARI GAON ROAD NO-1 P.O- TARAJAN JORHAT- 785001 DIST- JORHAT ASSAM ( SUBJECT TEACHER OF DHENUCHOSA HIGER SECONDARY

¶101

Page No.# 28/44

¶102

SCHOOL)

¶103

2: JITAMONI BORAH W/O- MR. BIPUL DUTTA R/O- NA-ALI RAIL GATE 2 NO. BABEJIA MOHURAMUKH P.O- TITABOR DIST- JORHAT ASSAM PIN - 785630 ( SUBJECT TEACHER OF DHENUCHOSA HIGHER SECONDARY SCHOOL)

¶104

3: MANASHI PACHONI W/O- MR. HALIRAM HAZARIKA R/O- CHOLADHORA MODHBAN P.O- JORHAT DIST- JORHAT ASSAM PIN - 785001 ( SUBJECT TEACHER OF DHENUCHOSA HIGHER SECONDARY SCHOOL)

¶105

4: SAJIDA BEGUM W/O- MR. ALTAF SAIKIA R/O - LAHDOIGARH CHARIALI DIST- JORHAT ASSAM ( SUBJECT TEACHER OF DHENUCHOSA HIGHER SECONDARY SCHOOL)

¶106

5: SIMA BONIA D/O- DIMBADHAR BONIA R/O- SEUNI ALI A.T. ROAD P.O- JORHAT DIST- JORHAT ASSAM PIN - 785001. ( SUBJECT TEACHER OF DHENUCHOSA HIGHER SECONDARY SCHOOL)

¶107

6: AJIT DAS S/O- LATE NITYANANDA DAS R/O- SEUNI ALI A.T. ROAD P.O- JORHAT DIST- JORHAT ASSAM PIN - 785001 ( LDA OF DHENUCHOSA HIGHER SECONDARY SCHOOL)

¶108

7: KRISHNA SAIKIA D/O- LATE LAKHIRAM SAIKIA R/O- AMGURI P.O- BIHPURIA DIST- LAKHIMPUR ASSAM PIN- 784161 ( SUBJECT TEACHER OF DHENUCHOSA HIGHER SECONDARY SCHOOL)

¶109

8: DEVAJANI BORAH

¶110

Page No.# 29/44

¶111

D/O- LATE LAKHIRAM BORAH R/O -LAKHIMPUR TOWN WARD NO. 2 P.O- LAKHIMPUR ASSAM PIN - 784001 ( SUBJECT TEACHER OF NEHRU HIGHER SECONDARY SCHOOL)

¶112

9: BASANTA GOGOI S/O- SISURAM GOGOI R/O- HANUMAN MANDIR PATH BINPURIA WARD NO. 8 DIST- LAKHIMPUR ASSAM PIN- 784161 ( SUBJECT TEACHER OF NEHRU HIGHER SECONDARY SCHOOL)

¶113

10: BEAUTI BORAH D/O- LATE NANDIRAM BORAH R/O- BADATI GAMUGURI P.O- BADATI DIST- LAKHIMPUR ASSAM PIN - 784162( SUBJECT TEACHER OF NEHRU HIGHER SECONDARY SCHOOL)

¶114

11: MINARAM SAIKIA S/O- DHANESWAR SAIKIA R/O- MUKUTABAN BIHPURIA WARD NO.7 P.O- BIHPURIA DIST- LAKHIMPUR ASSA PIN - 784161( SUBJECT TEACHER OF NEHRU HIGHER SECONDARY SCHOOL) VERSUS

¶115

THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM EDUCATION (SECONDARY) DEPARTMENT DISPUR GUWAHATI- 781006.

¶116

2:THE JOIN SECRETARY TO THE GOVT OF ASSAM EDUCATION (SECONDARY) DEPARMENT DISPUR GUWAHATI-6 3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19

¶117

4:THE SECRETARY ASSAM HIGHER SECONDARY EDUCATION COUNCIL REPRESENTED BY THE SECRETARY BAMUNIMAIDAM GUWAHATI- 781021

¶118

5:INSPECTOR OF SCHOOLS

¶119

Page No.# 30/44

¶120

JORHAT DISTRICT CIRCLE JORHAT. 6:INSPECTOR OF SCHOOL LAKHIMPUR DISTRICT CIRCLE LAKHIMPUR. 7:CHAIRMAN ASSAM HIGHER SECONDARY EDUCATION COUNCIL BAMUNIMAIDAM GUWAHATI-21

¶121

8:THE DISTRICT LEVEL SCRUTINY COMMITTEE REPRESENTED BY THE DEPUTY COMMISSIONER JORHAT AND LAKHIMPUR ASSAM. -----------Advocate for : MRS. K DEVI Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 7 ORS

¶122

BEFORE

¶123

HON’BLE MR. JUSTICE KARDAK ETE

¶124

JUDGMENT & ORDER(ORAL)

¶125

Date : 07.04.2025.

¶126

Heard Mr. K.N. Choudhury, learned Senior Counsel assisted by Ms. K. Devi, learned counsel and Mr. A. Deka, learned counsels for the petitioners. Also heard Ms. D. Musahary, learned standing counsel for the Secondary Education Department, for respondent Nos.1, 2 & 3 and Mr. T.C. Chutia, learned standing counsel and Mr. D.K. Roy, learned counsel, Assam School Education Board (the erstwhile Assam Higher Secondary Education Counsel), for respondent Nos.4 & 5.

¶127

Having considered the issue involved being similar on facts and law, this batch of writ petitions are heard analogously and disposed of by this common judgement and order.

¶128

By filing these Writ Petitions, the petitioners have made the following prayers:

¶129

Page No.# 31/44

¶130

(1) setting aside and quash the decision vide letter dated 14.09.2022, issued by the Secretary to the Govt. of Assam, Secondary Education Department;

¶131

(2) setting aside and quash the communication letter dated 03.06.2024, issued by the Director of Secondary Education, Assam;

¶132

(3) commanding the respondent authorities to re-open the "Darpan Portal" for submission of applications for Admission into H.S. 1st Year Class for the academic session 2024-2025 onwards on the basis of the Departmental Permission to open 1st year H.S. Class given by the Govt. by letter dated 22.04.2021;

¶133

(4) directing/commanding the respondents, more particularly, the respondent No. 1 and 4 to register the names of the petitioners' institutions under "DARPAN PORTAL", w.e.f. 2024 against which the Government had accorded permission for opening of 1^st Year Higher Secondary Classes under letter dated 21-04-2021, on the basis of fulfillment of all relevant criteria provided under the Revised Regulations of 2004 of the Assam Higher Secondary Education Council;

¶134

(5) setting aside and quash the order dated 08.01.2024 issued by the Director of Secondary Education, Assam and/or pass such further or other order(s) as this Court deems fit and proper,

¶135

(6) directing/commanding the respondents, more particularly respondent Nos.1, 2 and 3, to complete the process for provincialisation of services of the petitioners under the provisions of the Assam Education (Provincialisation of Service of Teacher, and Reorganization of Educational Institutions) Act, 2017, as amended in 2018; and

¶136

(7) allowing the petitioners’ institutions to continue the Higher Secondary Classes for the students who had already got admitted and stay the operation of the impugned letter dated 03.06.2024.

¶137

Briefly put, the case of the petitioners is that the petitioners’ schools were established in the year 1995-2005 and accordingly they have approached the respondent authorities, particularly, to the Assam Higher Secondary Education Counsel (in short ‘the AHSEC’) as well as from the Secondary Education Department, Govt. of Assam, seeking permission to open higher classes. The petitioners’ Higher Secondary schools have been running in provincialized High Schools being managed by the concerned School Management and Development Committee ( in short ‘the SMDC’) and the students of H.S. 1^st year had registered through nearest recognized institution and students of H.S. 2^nd year are appearing in the Final H.S. Examination through such recognized institutions, the practice which is stated to be still continuing.

¶138

Page No.# 32/44

¶139

The AHSEC has given feasibility report on 31.12.2015 in respect of petitioners’ institutions and the Government has also by order dated 22.04.2021 accorded departmental permission to open 1^st year H.S. Class. However, the Secretary by letter dated 14.09.2022 intimated the Director of Secondary Education, Assam that the Government has not given permission in respect of 20 Nos. of Higher Secondary Schools. In the meantime the concerned District Level Scrutiny Committee (DSLC) of respective districts scrutinized the cases of concerned Higher Secondary Schools and accordingly, recommended for provincialisation of those schools as well as teaching and non-teaching staff as per the Assam Educational (Provincialisation of Services of Teachers and Reorganization of Educational Institutions) Act, 2017 (as amended in 2018) and the Inspector of Schools also duly forwarded the recommendations to the Director of Secondary Education, Assam, as directed for necessary action but no decision has been taken by the State Level Scrutiny Committee (SLSC).

¶140

Being aggrieved, the petitioners have approached this Court by filing Writ Petitions seeking direction to the respondent authority for taking a final call for provincialisation of the schools being W.P.(C) No.1220/2023 and other similar Writ Petitions. This Court disposed of those Writ petitions by the common order dated 31.08.2023, with a direction to the SLSC to examine the case of the petitioners and pass a reasoned order. Accordingly, the Director of Secondary Education, Assam vide dated 08.01.2024 rejected the claim of the petitioners.

¶141

It is the contention of the petitioners that prior to 2024-2025, students were allowed to admit in the petitioners’ schools into H.S. 1^st year classes but the Assam Higher Secondary Education Council vide Notification dated 01.04.2024, barred the petitioners school to conduct admission into H.S. 1^st year class for the Academic Session 2024-2025, on the ground that petitioners schools fall under the category of non-permitted private institutions, thereby, the petitioners’ schools have been disabled on the "DARPAN" portal to restrict all such institutions from admission.

¶142

It is contended that the petitioners schools have earlier applied for granting permission

¶143

Page No.# 33/44

¶144

and after thorough scrutiny, the feasibility report to that effect was given by the AHSEC, however, petitioners schools are not allowed to avail the benefit of "DARPAN" Portal to conduct admission into H.S. 1^st year for the academic session 2024-2025, as a result of which the students are deprived from getting admission. Hence these Writ Petitions.

¶145

Mr. K.N. Choudhury, learned Senior Counsel for the petitioners, submits that there has been unfailing approach from the petitioners' side either at individual level and through organization i.e. All Assam Non-permitted HS Schools Teachers' Association, ventilating their grievance before the competent authorities for not according permission and nonprovincialisation of their services in Higher Secondary Schools. Such matters were came up for consideration before the State Level Scrutiny Committee in its meeting held on 07.09.2015 and the said Committee while endorsing their views on Feasibility Report has observed that 30 Nos. Higher Secondary Schools are running without feasibility report from AHSEC and permission from the Govt. Accordingly, the Scrutiny Committee reserved their views on the matter of issuing feasibility report by the AHSEC. Further, the Committee made observation, inter alia, that the Feasibility report is furnished by the Assam Higher Secondary Education Council after inspection by the competent authority and on the basis of the feasibility issued by the AHSEC the permission is accorded by the Government. The list of schools available in the record appears that some schools have been upgraded/ established prior to 2006 i.e. before coming into force of the Assam Non-Government Educational Institutions (Regulation and Management) Act, 2006 and as such the Scrutiny Committee reserved their views on the matter of issuing feasibility report by the AHSEC.

¶146

Mr. K.N. Choudhury, learned Senior Counsel, submits that the AHSEC vide Memo No. AHSEC/RPR/GC/16/13/11320 dated 31.12.2015 referring to Govt. letter No.ASE. 192/2014/379 dated 28.10.2015 submitted feasibility report before the Secretary to the Government of Assam, Secondary Education Department in respect of 30 Nos. of Higher Secondary Schools after making inspection during November and December 2015. Again, the AHSEC vide Memo No. AHSEC /RPR/GC/16/13/ dated 14.12.2017 submitted feasibility report in respect of Sri Ram H.S. School, Majuli.

¶147

Page No.# 34/44

¶148

It is contended by Mr. Choudhury, the learned Senior Counsel that from the contents of the letter dated 15.03.2021 it is clear that proposal for according government permission to these 20 venture Higher Secondary Schools has been received from the Director of Secondary Education, Assam and from the proposal of the Director of Secondary Education, it appeared that those Higher Secondary schools have already started Higher Secondary Classes during 1995 to 2005, but the AHSEC has accorded feasibility report only vide their letter dated 31.12.2015. The Secretary, AHSEC vide letter dated 30-03-2021, meanwhile, intimated that these 20 High Schools had started Higher Secondary Section during the period from 1995 to 2005 but the feasibility report for up gradation of provincialized High Schools to Higher Secondary Schools was not furnished as per the decision of the Council communicated to the Government under letter dated 11.04.2006 wherein it was stated that since the provincialised High Schools are under the direct control of Director of Secondary Education, the matter of submission of feasibility report for up-gradation of such schools does not fall under the purview of the Council and after up-gradation it would come under purview of the council for academic permission and recognition after sanction of posts by the government. It has further been stated that these Higher Secondary schools are running in the provincialised schools prior to issue of feasibility report being managed by SMDC and students of H.S. 1st year had registered through nearest recognized institutions and students of H.S. 2nd year are appearing in the Final H.S. examination through such recognized institutions, which practice is still continuing and accordingly forwarded therewith a consolidated statement of status of such 20 Higher Secondary schools in respect of subject, enrolment and percentage of pass during 2018-2020.

¶149

Mr. Choudhury, the learned Senior Counsel submits that it is apparent that even after the existence of the petitioners' Higher Secondary Schools prior to 2006 is undisputed, the AHSEC did not furnish the feasibility reports in respect of these 20 schools under misconception which has been admitted in its letter dated 30.03.2021 and accepted by the Government. Therefore, it is abundantly clear that according permission by the Government to these 20 Nos. of Higher Secondary Schools established prior to 2006 and provincialisation thereof under the Assam Education (Provincialisation of Service of Teacher, and Reorganization of Educational Institutions) Act, 2017 have been delayed due to misconception

¶150

Page No.# 35/44

¶151

and lackadaisical attitude of the respondent authorities. As such, it is a fit case, where this Hon'ble Court may direct the respondent authorities to accord permission to the petitioners' schools and provincialise the services of the petitioners in terms of the Assam Educational (Provincialisation of Services of Teachers and Reorganization of Educational Institutions) Act, 2017 (as amended in 2018).

¶152

Mr. Choudhury, the learned Senior Counsel, while referring to the provisions of the revised regulations on Recognition of Higher Secondary Schools and Junior Colleges, 2004, submits that despite fulfillment of all the requirements and being duly complied with by the School Management Committee and on the strength of which the Higher Secondary Schools concerned enrolled students and running in the provincialised High Schools and students of Higher Secondary 1^st Year had registered through their nearest recognized institutions and the students of Higher Secondary 2^nd Year are appearing in the final Higher Secondary examination through such recognized institutions, as admitted by the AHSEC, because of the misconception and apathetic stand of the AHSEC, the petitioners’ school and staff are deprived from permission and provincialisation till date. He submits that, apart from such misconception, there has been misapprehension and controversy between the Respondent No.1 and Respondent No.2, as regards according of permission which is evident from the correspondences between the Director of School Education and the letter of the Secretary to the Govt. of Assam, Secondary Education Department dated 22.04.2021, terming as being not a "permission", which is also culminated in inordinate delay in processing the matter of up-gradation and provincialisation of the petitioners' schools. Therefore, on such misconception and controversy between the respondent authorities, the petitioners ought not to have been arbitrarily deprived from up-gradation and provincialisation.

¶153

Mr. Choudhury, learned Senior Counsel submits that the letters dated 14.09.2022 and 03.06.2024, whereby it is informed that the petitioners schools cannot be considered as Government permitted Higher Secondary Schools, is cryptic in nature as the Government has taken the decision without affording any opportunity of hearing and suddenly without assigning any reason, clarified that the order dated 22.04.2021 is not permission in respect of the petitioners’ schools. Be that as it may, he submits that the petitioners’ schools upgraded

¶154

Page No.# 36/44

¶155

to Higher Secondary Schools (Arts) as per need of the students and the society. These Higher Secondary Schools have been running in provincialized schools being managed by SMDC and students of H.S. 1st year had registered through nearest recognized institution and students of H.S. 2nd year are appearing in the Final H.S. Examination through such recognized institutions, which practice is continuing till the academic session 2023-2024. Therefore, under the aforesaid facts and circumstances and considering the interest of the students, this Hon'ble Court may be pleased to interfere with the Order dated 14.09.2022 and 03.06.2024 and set aside the same. He submits that the petitioners are rendering dedicated and uninterrupted services to the Schools for the last 16 to 20 years and the students in particular of the locality are also benefitted in getting higher education from the skill and standard of capability in imparting education earned by the petitioners for such long tenure of service. However, due to the inaction on the part of the respondents, the fate of petitioners as well as the students has been put in jeopardy and n the meantime most of them have crossed the age bar to apply and absorption in other department. Therefore, the respondent authorities may be directed to grant permission to conduct admission into H.S. 1st year onwards and register petitioners schools under "DARPAN PORTAL" as the right to establish educational institution is a fundamental right and reasonable restrictions on such a right cannot be imposed by an executive instruction. The decision to suspend the opening of the portal for accepting any new applications in respect of the petitioners' schools can be taken only after amendments of the Regulations, 2004.

¶156

On the other hand, Ms. D. Musahary, learned standing counsel for the Secondary Education Department, submits that Section 3 of the Assam Educational (Provincialisation of Services of Teachers and Reorganization of Educational Institutions) Act, 2017 (as amended in 2018) provides the eligibility criteria for selection of educational institution for provincialisation of services of teachers/tutors. The Venture Educational Institutions which have been established and had obtained the required permission, recognition, affiliation or concurrence for the concerned institution from the respective competent Authority or Authorities on or before 01.01.2006 shall be eligible. Provided that the permission for 1st year HS classes in respect of Higher Secondary School, concurrence for 1st year HS classes in respect of Senior Secondary School (erstwhile Junior College), recognition from Board of

¶157

Page No.# 37/44

¶158

Secondary Education, Assam for class-IX in respect of High School, concurrence for TDC PartI in respect of Degree College received from the Government on or before 01-01-2006 shall be treated as the permission, concurrence or recognition for the purpose of provincialisation of services of teachers and/or tutors under the Act. Provided further that the order for such permission, recognition and concurrence shall have to be issued on or before 01.01.2006 and any order issued thereafter with any retrospective effect, shall not be considered for the purpose of provincialisation of services of any teacher and tutor of the institution. The Venture Educational Institutions in the case of Venture Secondary and Higher Secondary Schools and Junior Colleges shall be as far as practicable at par with the provisions under Assam Non-Government Educational Institutions (Regulation and Management) Act, 2006 and Rules framed thereunder. Therefore, she submits that the petitioners have no indefeasible right to claim for granting permission unless the schools of the petitioners fulfill the above requirements under the provisions of the Assam Educational (Provincialisation of Services of Teachers and Reorganization of Educational Institutions) Act, 2017 (as amended in 2018).

¶159

Mr. T.C. Chutia, learned standing counsel, Assam School Education Board, submits that as per decision of the Board in its meeting held on 30.01.2024, the Board has developed mechanism to restrain the non-permitted institutions throughout the State of Assam from login into the “DARPAN” admission portal from the academic session 2024-25 and accordingly the Board de-activated the institution profiles of all non-permitted institutions of the State which do not have prior permission from the office of the Directorate of Secondary Education, Assam. The Board had urged those non-permitted institutions which already acquired prior permission from the Directorate of Secondary Education to submit application for permission with relevant documents in the office of the Board for verification and for enabling them to login into the “DARPAN” admission portal. He submits that only those institutions are eligible for applying for Academic Permission in the office of ASEB (erstwhile AHSEC) which have already acquired prior permission/final registration from the office of the Directorate of Secondary Education, Assam for opening school at +2 stage.

¶160

Mr. Chutia, learned standing counsel, submits that the Board had issued notices twice to the Principal/Head of the Institutions of all unregistered institutions on 14.06.2022 and on

¶161

Page No.# 38/44

¶162

02.05.2023 for compliance of procedures required to be followed for admission of students into H.S. First Year Class for the session 2024-25 in the “DARPAN” admission portal in case of the non-permitted institutions. He further submits that vide notification dated 01.04.2024, the Board has notified that the institutions which fall under the category of non-permitted private institutions of ASEB will not be allowed to conduct admission into H.S. 1st Year in the academic session 2024-25 and onwards. Accordingly, the said category of institutions will be made disabled on the "DARPAN" portal to restrict all such institutions from admission. Subsequently, again on 06.04.2024 vide its notification, the Board has notified that those institutions which have not yet registered on the "DARPAN" portal but have obtained Academic Permission from ASEB or applied for Academic Permission in Board's office are requested to submit application to the Registration & Admission Branch of the Board in order to process registration of such institutions on the "DARPAN" portal for processing admissions for the session 2024-25.

¶163

Mr. Chutia, learned standing counsel, submits that the petitioners' schools were deactivated in “DARPAN” admission portal as the institutions did not have any NOC from the Directorate of Secondary Education, Assam. Prior permission or NOC is mandatory from the Directorate of Secondary Education or the competent authority, followed by academic permission from the ASEB, for conducting the admission process for HS 1st year Class by an institution. He submits that in view of the interim order dated 17.07.2024 directing the school authorities to give provisional admission to the students of Class XI for session 2024-25 and the ASSEB having been directed to keep the portal "DARPAN" open till 02.08.2024, the Board has allowed admission of the students of Class-XI of 20 Nos. of Schools of the petitioners' schools.

¶164

Mr. Chutia, learned standing counsel submits that unless the petitioners schools are granted permission by the Government, the Board has no authority to allow admission to the schools of the petitioners. As and when the permission is granted by the Government, the Board shall take appropriate action in terms of the Revised Regulations on Recognition of Higher Secondary Schools and Junior Colleges, 2004.

¶165

Page No.# 39/44

¶166

Due consideration has been extended to the submissions of the learned counsel for the parties and also perused the materials available on record.

¶167

This Court vide order dated 27.06.2024, in the interim, directed the respondent Nos.4 & 5 to extend the opening of the portal "DARPAN", in respect of the petitioners’ schools. Therefore, now no issue in respect of the Academic Session for 2024-2025 is required to be determined.

¶168

The application for permission to start Higher Secondary School/Junior College is provided under the Assam Higher Secondary Education Council’s Revised Regulations on Recognition of Higher Secondary Schools and Junior Colleges, 2004 which has been framed under the Assam Higher Secondary Education Act, 1984. It provides, inter alia, which is extracted as under :

¶169

1. Application for permission to start a Higher Secondary School/ Junior College.

¶170

When it is proposed to establish a new Higher Secondary School/ Junior College or to upgrade an existing High School already recognised by the Board of Secondary Education, to a Higher Secondary School or to open a new stream or subject in an existing Higher Secondary School/ Junior College recognised by the Board of Secondary Education or the Assam Higher Secondary Education Council as the case may be, the sponsoring body shall submit an application to the Secretary, Assam Higher Secondary Education Council, (AHSEC)

¶171

Such application shall be made in the prescribed form No. 1 (A), No. 1 (B) & No. 1 (C) according to applicability and must reach the Council not later than 31 st March of the year in which the classes of the HS School/ Junior College are expected to start. A copy of such application shall be forwarded to the concerned Directorate.

¶172

In case of existing Govt. and provincialised High School, HS School recognised by the Board/ Council, the sponsor shall be the Govt. of Assam. Application for upgrading/starting additional stream or subject, shall be made by the Headmaster/ Principal of the Institution concerned together with a copy of the

¶173

Page No.# 40/44

¶174

Govt. Order to the effect.

¶175

In case of existing High School/ HS School/Junior College other than provincialised but recognised by the Board/ Council, the sponsor shall be the Managing Committee/Development Committee/ Governing Body of the School/ College and the application shall be made by the Headmaster/ Principal duly authorised by the sponsor, together with a copy of the resolution of the sponsoring body to the effect.

¶176

In case of proposed new Higher Secondary School/ Junior College, the sponsor shall be the Govt. or a Public or Corporate Body constituted or a Department of the Central Govt. and the application together with a copy of the resolution/ proposal of the sponsor, shall be made by a person/ persons duly authorised by the sponsor.

¶177

It also provides that Higher Secondary School/Junior College shall fulfill the requirements and conditions that may be special mentioned by the Council during the sessions of granting permission for first year class to be eligible for starting second year class.

¶178

Record reveals that the Additional Secretary to the Govt. of Assam, vide letter dated 22.04.2021, addressed to the Director of Secondary Education, Assam, while communicating the according of departmental permission to open 1^st Year Higher Secondary classes, stated that the petitioners Schools introduced the Higher Secondary section during the year 1995 to 2005, but ASHEC has issued feasibility report during the year 2015. The ASHEC has also stated that the feasibility report was pending due to decision of the Council not to issue feasibility report in respect of the provincialised High School for introducing Higher Secondary Classes thereon as such schools are under the direct control of Director of Secondary Education, Assam. It further stated that the Higher Secondary classes were introduced during 1995 to 2005, in these provincialised High Schools and these Higher Secondary Schools are running since then as venture Schools. Accordingly, in view of the feasibility report, issued by the Assam Higher Secondary Education Council together with the proposal of the Secondary Education Department for according permission to open the 1^st year Higher Secondary Classes, the pendency of the matter may be attended and steps should be taken to invoke

¶179

Page No.# 41/44

¶180

the provisions of the relevant Rules in force, in respect of the matter of Permission as prayed by the 20 numbers of Schools. It also mentioned that the Non-Government Educational institutions (Regulation & Management) Act, 2006 is in force and that Government will not bear any financial liability in future for any permission as per the existing rules and procedures.

¶181

Vide letter dated 14.09.2022, the Secretary to the Govt. of Assam, Secondary Education Department communicated the Director of Secondary Education, Assam, by way of clarification that the Government letter dated 22.04.2021 is not a "permission" in respect of the 20 numbers of Higher Secondary Schools.

¶182

It is noticed that some of the writ petitioners have approached this Court by filing writ petition being WP(C) No.1220/2023, for consideration of their cases for provincialisation under the Assam Educational (Provincialisation of Services of Teachers and Reorganization of Educational Institutions) Act, 2017 on the ground that there is a requirement for State Level Scrutiny Committee headed by the Director of Secondary Education to give a consideration to the recommendation made by the respective District Scrutiny Committee. This Court vide order dated 31.08.2023, had disposed of the writ petition with a direction to the respondent authorities to examine the entitlement of the petitioners and pass a reasoned order.

¶183

Pursuant thereto, the Director of Secondary Education has considered the case of the petitioners. The order dated 06.04.2024 reflects that on verification of the required particulars submitted by the Inspector of Schools of the Districts, it was found that the District Scrutiny Committee did not recommend the name of the Higher Secondary schools where the petitioners were serving as teaching and non teaching staff in their respective schools. It is also found that the Inspector of Schools of the Districts simply forwarded the particulars of the schools and as well as the staff. The Director of Secondary Education by referring to the provisions of the Assam Education (Provincialisation of Services of Teachers and Reorganization of Educational Institutions) Act 2017, particularly, Section 2 (h), and Section 3(1) (i) of the aforesaid Act of 2017, has rejected the claim of the petitioners by holding that the schools and the services of teaching and non teaching staff cannot be considered for

¶184

Page No.# 42/44

¶185

provincialisation under Section 2 (h), Section 2(b) and Section 3(1)(i) of the aforesaid 2017 Act.

¶186

The AHSEC vide impugned notification dated 01.04.2024 has notified that pursuant to the decision of the Council, the institution which falls under the category of non-permitted private institutions of the AHSEC, will not be allowed to conduct admission into Higher Secondary 1^st Year class in the ensuing academic session 2024-25 and onwards. Accordingly, the said category of institutions will be made disabled on the "DARPAN" portal to restrict all such institutions from admission. It has notified to all such institutes with reference to the office order issued to all the institutions vide letter dated 14.06.2022. It further notified that however, in case of non-permitted private institutions which have applied for the permission with relevant records in the office of the AHSEC, the records of those institutions will be verified and may be allowed to conduct admission, if the relevant records are found in order.

¶187

On consideration of the matter in its entirety, it is seen that the petitioners have applied for permission to the appropriate authority, for which the respondent authorities had directed the Director of Secondary Education to take appropriate actions in terms of the relevant Regulations, Rules and Acts. It is seen that the petitioners’ schools have been established way back in 1995 to 2005 and the cutoff date for permission and the consequential provincialisation appears to be on or before 2006.

¶188

The feasibility report as discernable from the record shows that the schools of the petitioners, in fact appears to fulfill the criteria as required under the relevant regulations. The report and the various correspondences available on the record does not indicate contrary to the feasibility of being permitted to the schools of the petitioners. More so, the notification dated 01.04.2024, notified by the Secretary, Assam Higher Secondary Education Council reflects that in case of non-permitted private institutions, which have applied for the permission with relevant records in the office of the Council, the records of those institutions will be verified and may be allowed to conduct admission, if the relevant records are found to be in order.

¶189

Page No.# 43/44

¶190

On perusal of the records, it is found that the petitioners have applied for permission with requisite records to the appropriate authority. As noted above, since the Council vide notification dated 01.04.2024, had notified that the case of the non-permitted private institutions, which have applied for the permission with relevant records, will be verified and may be allowed to conduct admission, if the relevant records are found in order, I am of the considered view that there is no reason as to why the institutions of the petitioners, for that matter the case of the petitioners shall not be verified and allowed to conduct the admission and pass consequential order as the institutions/schools of the petitioners appear to be feasible for permission to be accorded to conduct admission for the Higher Secondary 1^st Year class and onwards.

¶191

The respondent AHSEC has made a categorical stand that if the permission is granted by the Government, the AHSEC would not have any objection, as the according/granting of permission is with the authority of the Government and not with the AHSEC. If that be so, since the petitioners have applied for permission to the respondent authorities, I am of the considered view that the respondent authorities are deserved to be directed to consider the case of the petitioners in accordance with the regulations, relating the issue of granting permission to the schools of the petitioners and pass consequential order.

¶192

Although the petitioner have also prayed for a direction to complete the process of provincialisation of services of the petitioners under the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act 2017, as amended in 2018, this Court refrains from determining the said prayer, as the same would be consequential to the decision or order that would be taken or passed by the respondent authorities as would be directed (infra). Therefore, present determination is confined to the issue of granting permission, as the petitioners have not particularly pressed the above grievance at the time of hearing. However, it is observed that the above grievance would be consequential to the granting of permission by the respondent authorities and the petitioners are at liberty to renew the same, if need arises, at the appropriate stage.

¶193

In view of the foregoing discussions, I am of the considered view that the respondents

¶194

Page No.# 44/44

¶195

are deserved to be directed to consider the case of the petitioners for according permission and allow to conduct admission for the Higher Secondary 1^st Year class and onwards, in their respective schools.

¶196

Accordingly, the respondent authorities, namely, the Secretary to the govt. of Assam, Secondary Education Department and the Director of Secondary Education, Assam as well as the AHSEC are directed to consider the case of the petitioners, within a period of three (3) weeks, from the date of receipt of certified copy of this order.

¶197

Consequently, the impugned letter dated 14.09.2022, issued by the Secretary to the Govt. of Assam, Secondary Education Department; the impugned communication dated 03.06.2024, issued by the Director of Secondary Education, Assam and the impugned order dated 08.01.2024, issued by the Director of Secondary Education, Assam are hereby set aside and quashed.

¶198

The writ petitions are disposed of in terms above. No order as to costs.

¶199

JUDGE

¶200

Comparing Assistant

Bhumidhar Roy and 21 Ors. v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Bhumidhar Roy and 21 Ors. v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The State of Assam and Anr. Vs Hemanta Kumar Singh and 6 Ors.

Sri Jogen Chandra Gogoi Vs the State of Assam and 5 Ors.

Gajendra Nath Kalita Vs the State of Assam and 4 Ors.

Arjun Das and 26 Ors. Vs the State of Assam and 4 Ors.

Abul Hussain and 21 Ors. Vs the State of Assam and 6 Ors.

Kalyan Kishore Nath and 22 Ors. Vs the State of Assam and 4 Ors.