Hashem Ali and 2 Ors. Vs the State of Assam and 5 Ors.

Heard Mr. K. Uddin, learned counsel for the petitioners. Also heard Ms. P. Das, learned Standing Counsel, Secondary Education Assam appearing for the respondent Nos. 1, 2 & 3, Ms. D. D Barman, learned

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Additional Senior Government Advocate for the respondent No.4, Mr. N. Sarma, learned counsel for the respondent No.5 and Mr. R. Islam, learned counsel for the respondent No.6.

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The petitioners who are the guardians of the students studying in different classes in Airkata High School, which has now been up-graded as Higher Secondary School by order dated 01.11.2021 issued by the Director of Secondary Education, Assam, are challenging the appointment of the respondent No.6 as the President of the School Management and Development Committee (SMDC) of the said school.

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The Additional Director of Secondary Education, Assam by a communication dated 27.09.2021 addressed to all the Inspector of Schools in the State of Assam required for reconstitution of the School Management and Development Committee with a request to submit the panel of President and Vice President as per guidelines contained in the Government Notification dated 24.06.2016. Thereafter, the Deputy Commissioner, Dhubri by a Notification dated 29.03.2022, notified the names of President and Vice President of Secondary Schools under Dhubri district. In the said list, the name of the respondent No.6 appears as President in respect of Airkata High School at Serial No.9.

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It is the case of the petitioners that the respondent No.6 has a political colouring inasmuch as, he is a Member of the Dakhin Salmara Mankachar District Committee, Hatsingimari, Bhartiya Janata Party as well as an Executive Member of the Bhartiya Janata Party and therefore, in terms of the guidelines provided in the Notification dated 24.06.2016 issued by the Office of the Education (Secondary), Assam, government of Assam, the respondent No.6 is debarred to hold the post of President of

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Airkata Higher Secondary School, Dhubri.

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Mr. K. Uddin, learned counsel for the petitioners submits that the Office of the Education (Secondary), Assam by the Notification dated 24.06.2016, clearly provided that the post of President of School Management and Development Committees in the Junior Colleges/Higher Secondary Schools/High Schools /High Madrassas should be a local educated, reputed person without having no political career. However, in the instant case in hand, as the respondent No.6 has a political colouring having his affiliation to a National Political Party, he could not have been selected as President of the School Management and Development Committee of Airkata Higher Secondary School, Dhubri. On this ground, he submits that the name of the respondent No.6 should be struck down and the authorities should be directed to reconstitute a fresh School Management and Development Committee of the Airkata Higher Secondary School, Dhubri.

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Ms. P. Das, learned Standing Counsel, Secondary Education Department, Assam submits that the Director of Secondary Education, Assam by a communication dated 27.09.2021 issued a direction to the respective Heads of provincialised Higher Secondary Schools, High Schools and High Madrassas to submit a panel list of candidates for the post of President and Vice President of the School Management and Development Committee in accordance with the guidelines provided in the Notification dated 24.06.2016. Accordingly, the Headmaster of the Airkata Higher Secondary School submitted a panel list consisting of seven candidates wherein the name of the respondent No.6 appeared in Serial No.5. Accordingly, the Inspector of Schools, Dhubri in consultation with the

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Deputy Commissioner and Chairman DLC of Dhubri, prepared a select list of President and Vice President of Dhubri district and in the said list, the name of the respondent No.6 was selected as the President of the Airkata Higher Secondary School. She also submits that while submitting the panel of list by the Headmaster of Airkata Higher Secondary School, there was no mention as to whether the respondent No.6 was a Member of any Political Party and accordingly, the respondent No.6 was selected to be the President of the School Management and Development Committee of Airkata Higher Secondary School, Dhubri.

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Ms. D. D Barman, learned Additional Senior Government Advocate also submits that as there was no mention that the respondent No.6 was a Member of a Political Party, the Deputy Commissioner in good faith had selected the respondent No.6 to be the President of the School Management and Development Committee of the Airkata Higher Secondary School.

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Mr. N. Sarma, learned counsel for the respondent No.5 submits that the predecessor of the respondent No.5 had submitted the panel of list and therefore, the present respondent No.5 has nothing to say.

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Mr. R. Islam, learned counsel for the respondent No.6 while admitting the fact that the respondent No.6 is a Member of a Political Party, however, submits that the respondent No.6 has at no point of time contested any election and therefore, there is no bar on the part of the respondent No.6 to be the President of the School Management and Development Committee of the Airkata Higher Secondary School.

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I have considered the submissions made by the learned counsel for

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the parties.

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The method of consideration of the School Management and Development Committee of a Secondary School is prescribed in the Notification dated 24.06.2016. In terms of the Notification dated 24.06.2016, a person to be eligible for being considered for appointment as President of the School Management and Development Committee of a school, has to be a local educated reputed citizen having no political career. Therefore, the Notification dated 24.06.2016 mandates that the Inspector of Schools after consultation with the Principal/Headmaster and with local people of the area will forward two names to the Director of Secondary Education, Assam for the post of President and Vice President with a recommendation of the Deputy Commissioner. Upon consideration of the names as forwarded, the Director of Secondary Education, Assam will provide a list to the Government with his comments for selecting a single name after comparing the data of both the candidates and the Government will then approve the Committee.

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The Notification dated 24.06.2016 was partially modified by a Notification dated 27.10.2021, wherein it is provided that the power to select the President and Vice President of the School Management and Development Committee of an Educational Institution of the concerned District vest with the Deputy Commissioner with the approval of the guardian Minister.

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A conjoint reading of the Notification dated 24.06.2016 and 27.10.2021 would indicate that by the Notification dated 24.06.2016, the power of appointment of President or Vice President of a School Management and Development Committee of the school was vested to the

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Director and the Government. However, by the Notification dated 27.10.2021, the power to appoint the President or Vice President of School Management and Development Committee of a school is vested with the Deputy Commissioner of the District concerned with the approval of the guardian Minister. Apart from the power of appointment which was modified by the Notification dated 27.10.2021, the other provisions of the Notification dated 24.06.2016 continues to hold the field.

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A perusal of the records would indicate that the respondent No.6 is a Member of the Dakhin Salmara Mancachar District Committee Bhartiya Janata Party as well as an Executive Member of Bhartiya Janata Party. Therefore, in the considered opinion of this Court, the respondent No.6 cannot be allowed to hold the post of President of the School Management and Development Committee of the Airkata Higher Secondary School. Accordingly, this Court finds that the appointment of the respondent No.6 as President of School Management and Development Committee of Airkata Higher Secondary School is in violation of the guidelines provided in the Notification dated 24.06.2016 and accordingly, the same cannot be sustained in law.

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In view of the conclusions made herein above, the appointment of the respondent No.6 as President of the School Management and Development Committee of the Airkata Higher Secondary School, Dhubri by the Notification dated 29.03.2022 stands set aside and quashed. The respondents are therefore directed to reconstitute the School Management and Development Committee of the Airkata Higher Secondary School, Dhubri strictly in terms of the notification dated 24.06.2016.

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In the meantime, till a new School Management and Development

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Committee of the Airkata Higher Secondary School is re-constituted, the Inspector of Schools, Dhubri shall hold the charge of the post of President, School Management and Development Committee, Airkata Higher Secondary School and discharge the functions attached to the said post. 17. With the above observations and directions, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Hashem Ali and 2 Ors. v. the State of Assam and 5 Ors.

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Hashem Ali and 2 Ors. v. the State of Assam and 5 Ors.

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