Special Residential School for Handicapped Children and Anr v. Sanjib Kumar Bhuyan and Anr

ORDER Date : 13.12.2024

Heard Mr. S.K. Medhi, the learned counsel appearing on behalf of the petitioner and Mr. R. Mazumdar, the learned Standing Counsel appearing on behalf the School Education Department.

¶2The instant contempt application has been filed alleging willful and deliberate violation to the order dated 05.12.2017 passed in WP(C) No. 2353/2012.

¶3A perusal of the order so passed show that there was a direction issued to the District Elementary Education Officer, Barpeta in terms of the communication dated 19.06.2017 of the Director of Elementary Education to furnish his report before the Director of Elementary Education on or before 28.02.2018 and thereafter on the basis of such report, the District Elementary Education Officer, Barpeta, the District Elementary Education, Assam was directed to pass order with regard to the prayer of the petitioner made.

¶4This Court has duly taken note of the affidavit filed by the respondent No. 2 wherein it has been mentioned that pursuant to the directions passed by this Court steps were taken by the District Elementary Education Officer, Barpeta to the Headmaster/Secretary of Page No.# 3/3 the Special Residential School for Handicap for submitting the necessary particulars. However, the necessary particulars were not placed by the School in question which aspect was duly brought to the attention of the Director of Elementary Education by the communication dated

15.06.2019. The Director of Elementary Education thereupon has submitted a report to the Commissioner and Secretary of the Government of Assam, Elementary Education Department, requesting to issue necessary instructions in that regard as per Section 30 of the Act of 2006. It was further stated that the speaking order could not be passed as directed by this Court due to the fact that the petitioner's School have not submitted the required information in the prescribed form as required in the RTE Act, 2009.

¶5From the above, it therefore shows that a case for willful and deliberate disobedience to the order passed by this Court is not made out, as the petitioner had not cooperated with the officials.

¶6Accordingly, the contempt proceeding stands dropped. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010201782018 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCont.Cas(C)/427/2018o SPECIALoRESIDENTIALoSCHOOLoFORoHANDICAPPEDoCHILDRENoANDo ANR.o KAHARAoPATHAR,oKAHARAoPATHAR,oP.O.oSARUPETA,oDISTRICT-o BARPETA,oASSAM,oREPRESENTEDoBYoITSoSECRETARYoCUMo HEADMASTER. 2:oMD.oABDURoRAHMANoCHOUDHURY oSECRETARYoCUMoHEADMASTERoOFoRESIDENTIALoSCHOOLoFORo HANDICAPPEDoCHILDREN oKAHARAPATHAR oP.O.oSARUPETA oDIST.oBARPETA oASSAM oPIN-o781301o VERSUSo SANJIBoKUMARoBHUYANoANDoANR.o THEoDIRECTORoOFoELEMENTARYoEDUCATION,oASSAM,oKAHILIPARA,oPIN- 781019. 2:HARENoHAJARIKA oTHEoDISTRICT-oELEMENTARYoEDUCATIONoOFFICER oBARPETA oPIN-o781301 oASSAM. 3:SHRIoPREETOMoSAIKIA IAS oTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVToOFoASSAMo DEPARTMENToOFoEDUCATIONo(ELEMENTARY) oDISPUR oGUWAHATI-0o Page No.# 2/3 For the Petitioner(s) : Ms. S.K. Medhi, Advocate For the Respondent(s) : Mr. R. Mazumdar, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH