Piradhara Madrassa H. S. School Vs the State of Assam and 4 Ors. — Gauhati HC (2026) — LawSathi Research

Piradhara Madrassa H. S. School Vs the State of Assam and 4 Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of as infructuous; liberty reserved to the petitioner to challenge the Secretary's order dated 10.05.2026 in an appropriate proceeding; Standing Counsel directed to furnish a copy of the order dated 10.05.2026 to the petitioner's counsel; copy of the order kept on record and marked as document “X”.

Issue for consideration

Whether the present writ petition survives where, pursuant to an earlier direction of this Court, the respondent authorities have considered and rejected the petitioner's grievance regarding the debarment notification dated 01.04.2024.

Court's answer

Since the petitioner's grievance has already been considered by the respondent authorities pursuant to the earlier order of this Court, the present writ petition has become infructuous.

Ratio / Principle

Liberty is granted to the petitioner to challenge the order dated 10.05.2026 passed by the Secretary to the Government of Assam, Department of School Education, in an appropriate proceeding, if so advised.

Detailed headnote1 paragraphs

The Gauhati High Court (KardaK Ete, J.), WP(C)/2099/2026, order dated 11-05-2026. Piradhara Madrassa H. S. School petitioned against the action of the respondent authorities debarring the institution from admitting students and blocking its access to the Darpan Portal in terms of the notification dated 01.04.2024. The petitioner had earlier approached the Court in WP(C) No. 4904/2024, disposed of by order dated 28.04.2025 directing the Secretary (Secondary Education Department), the Director of Secondary Education, Assam, and the Secretary of the Assam Higher Secondary Education Council to consider its case. Pursuant thereto, the Secretary to the Government of Assam, Department of School Education, by order dated 10.05.2026, examined and rejected the petitioner's claim on the ground that the relevant Acts and Rules do not empower the authorities to permit admission of students by the school concerned. Holding: the writ petition has become infructuous as the grievance has been considered; liberty granted to challenge the order dated 10.05.2026 in an appropriate proceeding, if so advised. Petition disposed of; Standing Counsel directed to furnish a copy of the order dated 10.05.2026, which was kept on record and marked as document “X”.

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GAHC010076392026

2026:GAU-AS:6457

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

Case No. : WP(C)/2099/2026

PIRADHARA MADRASSA H. S. SCHOOL

VILLAGE AND P.O.- PIRADHARA, DISTRICT- BONGAIGAON, PIN- 783384, REPRESENTED BY HAMIDUL ISLAM, 47 YEARS, SUBJECT TEACHER, SON OF LATE ABDUL KADER, VILLAGE AND P.O.- ISABPUR, DISTRICTBARPETA, PIN- 781321

VERSUS

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

2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA

GUWAHATI- 781019

3:THE INSPECTOR OF SCHOOLS BONGAIGAON CIRCLE DISTRICT- BONGAIGAON PIN- 783384

4:THE CHAIRMAN ASSAM STATE SCHOOL EDUCATION BOARD BAMUNIMAIDAM GUWAHATI- 781021

5:THE SECRETARY ASSAM STATE SCHOOL EDUCATION BOARD

DIVISION-II

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BAMUNIMAIDAM GUWAHATI- 78102

Advocate for the Petitioner : MR P BHARDWAJ, M RAHMAN,B PARASHAR,R C ALOM Advocate for the Respondent : SC, SEC. EDU., SC, SSA

BEFORE HONOURABLE MR. JUSTICE KARDAK ETE

ORDER

Date : 11-05-2026

Heard Mr. R. C. Alom, learned counsel for the petitioner.

The grievance of the petitioner in the present writ petition pertains to the action of the respondent authorities in debarring the petitioner institution from admitting students and blocking its access to the Darpan Portal in terms of the notification dated 01.04.2024.

It is submitted that the petitioner had earlier approached this Court by filing WP(C) No. 4904/2024, which came to be disposed of by order dated 28.04.2025 directing the Secretary to the Government of Assam, Department of Secondary Education, the Director of Secondary Education, Assam, as well as the Secretary of the Assam Higher Secondary Education Council to consider the case of the petitioner.

Mr. P. P. Dutta, learned Standing Counsel, Secondary Education Department, by placing the order dated 10.05.2026, passed by the Secretary to the Government of Assam, Department of School Education, submits that pursuant to the directions of this Court, the case of the petitioner has been duly examined and considered. However, the claim of the petitioner has been

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rejected on the ground that the relevant Acts and Rules do not empower the authorities to permit admission of students by the school concerned.

Having considered the above and in view of the fact that the grievance of the petitioner has already been considered by the respondent authorities pursuant to the earlier order passed by this Court, this Court is of the opinion that the present writ petition has become infructuous. However, liberty is granted to the petitioner to challenge the order dated 10.05.2026 passed by the Secretary to the Government of Assam, Department of School Education, in an appropriate proceeding, if so advised.

Accordingly, the present writ petition stands disposed of.

Mr. P. P. Dutta, learned Standing Counsel, Secondary Education Department, is directed to furnish a copy of the order dated 10.05.2026, passed by the Secretary to the Government of Assam, Department of School Education, to the learned counsel for the petitioner.

A copy of the order dated 10.05.2026, passed by the Secretary to the Government of Assam, Department of School Education, is kept on record and marked as document “X”.

JUDGE

Comparing Assistant