Page No.# 1/3 GAHC010104602025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1568/2025 1: BYAKTIGATA VIDYALAYA SAMANNAYRAKSHEE SAMITEE, GUWAHATI, ASOM A REGISTERED ASSOCIATION OF NON GOVT. SCHOOLS OF GUWAHATI, HENGRABARI, GUWAHATI-781036 DISTRICT KAMRUP (METRO), ASSAM, REPRESENTED BY ITS SECRETARY, ABDUL AZIZ CHOUDHURY. 2: ABDUL AZIZ CHOUDHURY SON OF LATE AKBAR ALI CHOUDHURY SECRETARY BYAKTIGATA VIDYALAYA SAMANNAYRAKSHEE SAMITEE GUWAHATI ASSAM VERSUS 1: THE STATE OF ASSAM REPRESENTED BY THE PRINCIPAL SECRETARY, EDUCATION DEPARTMENT, DISPUR, GUWAHATI-781006 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019. 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019. 4:THE INSPECTOR OF SCHOOLS KAMRUP DISTRICT CIRCLE PANBAZAR GUWAHATI-78100 For the Applicant/Petitioner(s) : Mr. K.N. Choudhury, Sr. Advocate, assisted by Mr. M. Kataki, Advocate. For the Respondent(s) : Mr. D. Saikia, Advocate General, Assam, assisted by Mr. S.M.T. Chistie, Standing Counsel, Education (Secondary) Department. : Mr. T.C. Chutia, Standing Counsel, Assam State School Education Board (ASSEB). Page No.# 2/3 – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 30.07.2025 (Ashutosh Kumar, CJ) Mr. K.N. Choudhury, learned Senior Advocate presses this interlocutory application seeking interim relief to the extent of permitting the students to take admission in Government/Provincialised Schools in Class-IX online so that they could appear in the public examinations conducted by the Assam State School Education Board. It appears that on 28.03.2024, the Board of Secondary Education, Assam came out with a Notification informing all the concerned schools affiliated to the Board that in regard to the online registration of Class-IX students for the year 2024, certain modifications are being effected. Later, a letter was issued on 04.07.2024 by the Director of Secondary Education, Assam addressed to the Inspector of Schools, intimating him that the unhealthy practice of permitting students of private schools to take admission in Government Schools for writing examination conducted by the Board should be stopped for it was spoiling the academic environment and was also making it difficult for the Board to keep a track or control over the schools in general. Pursuant to such an instruction, vide order dated 19.04.2025, which has been challenged in the present interlocutory application, the Inspector of Schools prohibited the heads of Government and Provincialised Secondary Schools from registering any outside students, who are not studying in those Government Schools. Mr. Chouhdury, learned Senior Advocate for the applicant/petitioner submits that this instruction, though with a laudatory purpose, would serve no good so far as the students are concerned. It has been the common practice in the Page No.# 3/3 State of Assam that students who do not get enrolled in provincialised schools, take admission in private schools but for appearing and in passing the Board Examination, they are admitted in provincialised schools. This practice may have been put to misuse but it cannot be said that all the students studying in private schools are fake students. Mr. D. Saikia, learned Advocate General, Assam sought instructions and came out with a proposal that any student desirous of taking admission in Class-IX in any provincialised school can do so online but before appearing in any public examination conducted by the State Board, they shall have to attend classes as regular students. This is in keeping with the purpose for which the Notification was issued prohibiting Government schools from admitting students from private schools for the purposes of facilitating them in appearing in Board Examination. This perhaps satisfies such students who are desirous of appearing in the public examination conducted by the Board. We reiterate on the concession of the learned Advocate General, Assam that if any student desires to take admission in Class-IX in any Government School, then after necessary verification of his studentship, he would be admitted in such school where only after attending classes as regular student, would he/she be permitted to appear in the examination conducted by the Board. With the afore-noted observation/clarification, the interlocutory application stands disposed off accordingly. JUDGE CHIEF JUSTICE Comparing Assistant