Monuara Begum and 8 Ors v. The State of Assam and 6 Ors

ORDER Date : 16.08.2024

¶1Heard Mr. A. Alamgeer, learned counsel for the petitioners as well as Ms. S. Chutia, learned Standing counsel, Elementary Education Department, for respondent Nos. 1, 2, 4 & 5 and Mr. P. Saikia, learned Government Advocate, for respondent No. 3.

¶2The case of the petitioners in the present writ petition is that the School Management Committee of Phalihamari Pather MV School consisting of 17 Members along with respondent No. 7 as President was given approval by the District Elementary Education Officer, Morigaon on 01.11.2023. Thereafter, 8 members of the SMC of the said school submitted No Confidence Application against the respondent No.7 / President of the School Management Committee of the said school before the Block Elementary Education Officer on 31.05.2024. However, as no steps were taken, 4 members of the School Management Committee submitted No Confidence Application against the President of the Page No.# 4/5 School Management Committee on 19.06.2024 before the Additional Deputy Commissioner (Education), Morigaon.

¶3Pursuant to the Application dated 19.06.2024, an inquiry was conducted and the Block Elementary Education Officer submitted the inquiry report before the District Elementary Education Officer, Morigaon by a Communication dated

02.07.2024.

¶4The grievance of the petitioners before this Court is that despite the submission of the inquiry report by the Communication dated 02.07.2024 by the Block Elementary Education Officer, Laharighat, Morigain, no steps are being taken by the District Elementary Education Officer, Morigaon till date.

¶5On 29.07.2024, Ms. S. Chutia, learned Standing counsel, Elementary Education Department was directed to take instructions.

¶6Today when the matter is called up, Ms. S. Chutia, learned Standing counsel, Elementary Education Department, has furnished a Communication dated 14.08.2024 written by the District Elementary Education Officer, Morigaon, wherein it is stated that the District Elementary Education Officer has instructed the Block Elementary Education Officer, Laharighat to re-constitute the School Management Committee of Phalihamari Pather MV School by Communication dated 13.08.2024 as per Section 21 of the R.T.E. Act of 2009. The Communication further indicates that the B.E.E.O. has also been instructed to furnish a detailed report on the matter for taking further cause of action. Along with Communication dated 14.08.2024, another Communication dated

13.08.2024 is enclosed, which is the direction issued by the District Elementary Education Officer, Morigaon to the Block Elementary Education Officer, Laharighat. Page No.# 5/5

¶7Mr. A. Alamgeer, learned counsel for the petitioners, submits that as the District Elementary Education Officer has already given a direction to the Block Elementary Education Officer, Laharighat to re-constitute the School Management Committee of the Phalihamari Pather MV School, the present writ petition may be closed.

¶8Recording the submission made by the learned counsel for the petitioner, this writ petition is accordingly closed.

¶9The Communications dated 14.08.2024 and 13.08.2024 are placed on record.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010145762024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3741/2024o MONUARAoBEGUMoANDo8oORSo W/O-oABDULoKALAM,o VILL.oANDoP.O.-oPHALIHAMARIoPATHER,o DIST.-oMORIGAONo(ASSAM). 2:oDEBAJIToBHARALI oS/O-oJITENoBHARALI oVILL-oBOROLUAoGAON oP.O.-oTALUGAON oP.S.-oAMGURI oDIST.-oMORIGAONo(ASSAM). 3:oNURANIoPARBIN oW/O-oGIUSoUDDIN oVILL.oANDoP.O.-oPHALIHAMARIoPATHER oDIST.-oMORIGAONo(ASSAM). 4:oAMIRONoNESSA oW/O-oSULMANoALI oVILL.oANDoP.O.-oPHALIHAMARIoPATHER oDIST.-oMORIGAONo(ASSAM). 5:oHALIMAoKHATUN oW/O-oNEKBARoALI oVILL.oANDoP.O.-oPHALIHAMARIoPATHER oDIST.-oMORIGAONo(ASSAM). 6:oZIBUNoNAHER oW/O-oKHAIRULoISLAM oVILL.oANDoP.O.-oPHALIHAMARIoPATHER oDIST.-oMORIGAONo(ASSAM). 7:oSAHABULoISLAM oS/O-oNOWSHERoALI PageoNo.#o2/5 o VILL.oANDoP.O.-oPHALIHAMARIoPATHER oDIST.-oMORIGAONo(ASSAM). 8:oHUJERAoKHATUN oW/O-oHIBJURoRAHMAN oVILL.oANDoP.O.-oPHALIHAMARIoPATHER oDIST.-oMORIGAONo(ASSAM). 9:oMARJINAoBEGUM oW/O-oSHAHJAHANoALI oVILL.oANDoP.O.-oPHALIHAMARIoPATHER DIST.-oMORIGAONo(ASSAM)o VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o EDUCATIONo(ELEMENTARY)oDEPARTMENT,o DISPUR,oGUWAHATI-06. 2:THEoDIRECTOR oELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-19. 3:THEoADDITIONALoDEPUTYoCOMMISSIONERo(EDUCATION) oMORIGAON oPIN-o782105. 4:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oMORIGAON oPIN-o782105. 5:THEoBLOCKoELEMENTARYoEDUCATIONoOFFICER oLAHORIGHAT oP.O.-oLAHORIGHAT oDIST.-oMORIGAON oASSAM oPIN-o782127. 6:THEoHEADoMASTER oPALIHAMARIoPATHERoM.V.oSCHOOL Page No.# 3/5 VILL. AND P.O.- PHAIHAMARI PATHER DIST.- MORIGAON (ASSAM) PIN- 782127. 7:JAMIR UDDIN S/O- LATE RUSTOM ALI VILL. AND P.O.- PHALIHAMARI PATHER DIST.- MORIGAON (ASSAM) PIN- 782127 Advocate for the Petitioner : M ALAMGEER, MR. A H M R CHOUDHURY Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR