Page No.# 1/7 GAHC010152282020 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4584/2020 PASCHIMPAR MADAN MOHAN VLP SCHOOL REPRESENTED BY ITS HEAD TEACHER, FORIZ UDDIN BARBHUIYA, AGED ABOUT 28 YEARS, R/O VILL MADAN MOHAN 6 NO. BASTI, PO MADAN MOHAN, PS KARIMGANJ, DIST. KARIMGANJ, ASSAM, PIN-788152 VERSUS THE STATE OF ASSAM AND 9 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT, DISPUR, GHY-06 2:THE DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA GUWAHATI-19 3:THE MISSION DIRECTOR OF SARBA SIKSHA ABHIYAN MISSION KAHILIPARA GUWAHATI-19 4:THE DISTRICT MISSION CO-ORDINATOR SARBA SIKSHA ABHIYAN MISSION KARIMGANJ P.O. P.S. AND DIST-KARIMGANJ ASSAM PIN-788710 5:THE DEPUTY COMMISSIONER CUM CHAIRPERSON DISTRICT REDRESSAL COMMITTEE KARIMGANJ P.O P.S. AND DIST-KARIMGANJ Page No.# 2/7 ASSAM 788710 6:THE DISTRICT ELEMENTARY EDUCATION OFFICER KARIMGANJ P.O. P.S. AND DIST-KARIMGANJ ASSAM PIN-788710 7:THE DEPUTY INSPECTOR OF SCHOOL KARIMGANJ P.O. P.S. AND DIST-KARIMGANJ ASSAM PIN-788710 8:THE BLOCK ELEMENTARY EDUCATION OFFICER SOUTH KARIMGANJ P.O.SHYAM NAGAR DIST-KARIMGANJ ASSAM PIN-788720 9:THE BLOCK MISSION CO-ORDINATOR SOUTH KARIMGANJ BLOCK P.O.SHAYAM NAGAR DIST-KARIMGANJ ASSAM PIN-788720 10:SOU INSPECTOR OF SCHOOL SOUTH KARIMGANJ P.O.SHYAM NAGAR DIST-KARIMGANJ ASSAM PIN-78872 Advocate for the Petitioner : MR M H AHMED, MR M Z SHAH,MR GIAS Advocate for the Respondent : GA, ASSAM, MR. B GOGOI, SC, SSA,SC, SSA,SC, ELEM. EDU Page No.# 3/7 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 12.06.2026 Heard Mr. G. U. Ahmed, learned counsel, appearing for the petitioner. Also heard Mr. B. Gogoi, learned Standing Counsel, appearing for the Samagra Shiksha Abhiyan, earlier known as Sarva Shiksha Abhiyan (SSA) i.e. respondent nos.3, 4 and 9; and Ms. D. B. Gogoi, learned Government Advocate, appearing for the Respondent No.5. None has appeared for the other respondents. 2. The petitioner by way of instituting the present writ petition on 19.10.2020, has prayed for a direction upon the respondent authorities to provincialise the Petitioner School namely, Paschimpar Madan Mohan V.L.P School, if necessary, by issuing DISE Code for the year 2009-2010. 3. As projected in the writ petition, the Petitioner School was established in the year 1995. It is contended that after the establishment of the said school, the same has been functioning as a Lower Primary (L.P) School. In the year 2004, the authorities of the then Sarba Siksha Abhiyan Mission, had introduced a Data Information System of Education, for accountability of the schools towards the Mission in Assam. In terms of the said policy, the Headmaster of the school being the Ex-Officio Secretary of the School Managing Committee, is required to submit an application in the Page No.# 4/7 prescribed format before the Cluster Resource Centre Co-ordinator (CRCC) of the locality for capturing the data of the school in the Data Information System and for the purpose the school concerned on making such application is given a DISE Code. 4. The petitioner in the present writ petition has projected that vide a representation dated 17.10.2009, the Principal of the School, had approached the Block Mission Co-ordinator, South-Karimganj Block, praying for forwarding of its documents to the District Mission Co-ordinator, Karimganj, for inclusion of the School in the DISE Data and thereafter, the Petitioner School is contended to have been submitted such application at regular intervals. The petitioner School being aggrieved of not being granted a DISE Code, and in absence of the same, has been kept outside the purview of the provincialisation exercise, undertaken by the State Respondents, has instituted the present writ petition. 5. The learned counsel for the petitioner reiterating the facts, noticed, hereinabove, has submitted that the existence of the school is not in dispute, however, in absence of a DISE Code being granted to the said school, the school has been kept out of the purview, initially of the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011, and presently from the purview of Assam Education (Provincialisation of Services of Teachers and Re-Organization of Educational Institutions) Act of 2017. Page No.# 5/7 Accordingly, he submits that a direction is required to be issued to the Respondent Authorities to grant a DISE Code to the school from the year 2009-2010. 6. Mr. B. Gogoi, learned Standing Counsel, appearing for the Samagra Shiksha Abhiyan (SSA) respondents, has submitted that the school admittedly was not granted a DISE Code. He further submits that for the purpose of grant of a DISE Code, the Head Teacher/Headmaster of the School, is required to fill up the DISE Data Captured Form duly signed by him with his seal and forward the same to the CRCC. The CRCC, thereafter, shall verify the particulars as incorporated in the application form and the same would be placed before the Block Elementary Officer-cum-Block Mission Co-ordinator, Karimganj, for counter signature, before it is submitted at the District Level for entry in the DISE Data software. He further submits that the petitioner in the present writ petition has not brought on record any such particulars submitted in the DISE Code Capture Format. Accordingly, he submits that the prayer of the Petitioner School made in the present writ petition cannot be considered. 7. Mr. B. Gogoi, has further submitted that, now it would not be possible in absence of requisite data of the said period to issue to the petitioner a DISE Code for the year 2009-2010. He however, submits that, in the event, a fresh application is submitted by maintaining the procedure Page No.# 6/7 mandated, the SSA authorities, shall consider the same for allotment of its DISE Code to the petitioner School. 8. I have heard the learned counsel for the petitioner and also perused the materials available on record. 9. In the present writ petition, although the School has been stated to have been established and functioning since 1995, the petitioner has not brought on record any application submitted in the prescribed format by the Head Teacher/Headmaster of the school for inclusion of the school in the DISE Data. The Respondent SSA in the affidavit filed by it in the present proceedings, has contended that the procedure as mandated for allotment of a DISE Code, requires the Head Teacher/Headmaster of the school, in question, to submit a filled in DISE Data Capture Form duly signed by him to the concerned CRCC. Thereafter, the particulars/data incorporated in the Data Captured Form (DCF) is to be verified by the CRCC and place it before the Block Elementary Education Officer-cum-jurisdictional Block Mission Co- ordinator, Karimganj, for counter signature and it would thereafter, only be permissible for the concerned authorities of the district to enter the data in the DISE software. It is seen that the petitioner has not brought on record any material to demonstrate that the procedure as mandated for capturing the school, in question, in the DISE data has been complied with by it. There is no rejoinder filed to the affidavits filed in the matter by the SSA Authorities. Page No.# 7/7 10. In view of the above position, emanating in the matter, it would not be permissible for this Court, in absence of any verified data being available of the school for the period 2009-2010, to direct the respondent authorities more particularly the SSA authorities, to issue a DISE Code to the Petitioner School for the year 2009-2010. 11. Accordingly, the claim made by the petitioner in this connection stands rejected. However, it is provided that, in the event, the petitioner submits the requisite particulars of the Petitioner School in the manner as noticed, hereinabove, before the respondent authorities, the respondent authorities shall on verification of the same, if found eligible, proceed to include the school of the petitioner in the DISE Data and also issue a DISE Code to the petitioner. The petitioner in this connection may approach the concerned authorities by way of submitting requisite data in the prescribed format within a period of 01 (one) month from today. 12. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant