Rofikul Islam and 3 Ors v. The State of Assam and 6 Ors

ORDER Date : 07.06.2023

Heard Mr. A.Hussain, learned counsel for the petitioners. Also heard Mr. S.M.T. Chistie, learned standing counsel, Secondary Education appears for respondent Nos.1, 2 and 4 and Mr. G.Bokolial, learned Govt. Advocate appears for the respondent Nos. 3 and 5.

¶2The petitioners before this Court are the local villagers/parent guardians/social workers who are aggrieved by the impugned letter dated

23.12.2022, whereby, one Sk. Rafiqul Islam was recommended as the President of Kharmuja H.S. School.

¶3It is the case of the petitioners that by a Notification dated 24th June, 2016, issued by the Secretary Education (Secondary) Department, the criteria for selection of President/Vice-President of the School Management & Development Committee were formulated, and amongst the said criteria, criteria No.4 provides that any person who have contested any election of Panchayat level/Parliament or Assembly Election in last 20 years should not be considered for the post of the President/ Vice-President. The notification further stipulates that any person to be considered for President should have no political career.

¶4It is submitted that the said Sk. Rafiqul Islam /respondent No.7 is the Ex-President of Goalpara District Yuba Marcha and presently holding the post of Secretary, AIUDF Goalpara District Committee. In that view of the matter, it is Page No.# 4/5 submitted that the respondent No.7 is debarred for being recommended as President of the said Kharmuja H.S. School. Being aggrieved, the petitioner has also made a representation before the Director of Secondary Education, Assam against the communication dated 23.12.2022.

¶5A perusal of the Notification dated 27th of October, 2021, issued by the Principal Secretary to the Government of Assam, Secondary Education Department clearly indicates that the concerned Deputy Commissioner is empowered to select the President and Vice-President of the School Management & Development Committee of an Educational institution of the concerned District with the approval of the Guardian Minister.

¶6In that view of the matter, this Court is of considered opinion that the petitioners have approached the wrong forum while making their representation.

Accordingly, this writ petition is disposed of, directing the petitioners to make a representation against the communication dated 23rd of December, 2022 before the Deputy Commissioner, Goalpara/respondent No.3 by annexing a copy of the writ petition along with all the annexures within a period of 1(one) week from today.

¶7Thereafter, the respondent No.3 on receipt of the representation shall consider and dispose of the same after hearing all the concerned parties involved and also taking into consideration the Notification dated 24th of June, Page No.# 5/5 2016, issued by the Education (Secondary) Assam within a period of 1(one) month from the date of receipt of the representation.

¶8With the aforesaid observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010121322023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3235/2023o ROFIKULoISLAMoANDo3oORSo S/OoJURANoALI,oVILLoANDoP.O.-KHARMUJA,oP.S.-GOALPARA,oDIST- GOALPARA,oASSAM,oPIN-783129 2:oAFSERoALI oS/OoLT.oABDULoHAMID oVILL-KARAIKHOWA oP.O.-KHARMUJA oP.S.-GOALPARA oDIST-GOALPARA oASSAM oPIN-783129 3:oJABEDoALI oS/OoFULBARoALI oVILLoANDoP.O.-KHARMUJA oP.S.-GOALPARA oDIST-GOALPARA oASSAM oPIN-783129 4:oNURoISLAM oS/OoNOIMUDDIN oVILLoANDoP.O.-KHARMUJA oP.S.-GOALPARA oDIST-GOALPARA oASSAM oPIN-78312o VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o DEPARTMENToOFoSCHOOLoEDU.oASSAM,oDISPUR,oGHY-6 Page No.# 2/5 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GHY-19 3:THE DEPUTY COMMISSIONER GOALPARA P.O. AND DIST- GOALPARA ASSAM PIN-783101 4:THE INSPECTOR OF SCHOOLS GDC GOALPARA DIST-GOALPARA ASSAM PIN-783101 5:THE ADDL. DEPUTY COMMISSIONER GOALPARA DIST-GOALPARA ASSAM PIN-783101 6:THE PRINCIPAL KAHRMUJA H.S. SCHOOL P.O.-KHARMUJA DIST- GOALPARA ASSAM 783129 7:SK. RAFIQUL ISLAM S/O LT. SK. SAMAN ALI VILL AND P.O.-KHARMUJA P.S. AND DIST- GOALPARA ASSAM PIN-78312 Advocate for the Petitioner : MD A HUSSAIN Advocate for the Respondent : SC, SEC. EDU. Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR