Page No.# 1/3 GAHC010153722025 2025:GAU-AS:9412 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/227/2025 Assam State School Education Board, (ASSEB) Division II REPRESENTED BY ITS SECRETARY NARNARAYAN NATH, S/O late Nani Gopal Nath, R/O SILPUKHURI, SENAPATI PATH, GUWAHATI 781003, DIST. KAMRUP (M), ASSAM. VERSUS NCD SR. SECONDARY SCHOOL AND 4 ORS DHEMAJI REPRESENTED BY DR. SURAJIT DOLEY, PRINCIPAL AND SECRETARY, P.O. GOGAMUKH, PIN 787034, DIST. DHEMAJI, ASSAM. 2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM TO THE GOVT. OF ASSAM SECONDARY EDUCATION DEPTT. DISPUR GUWAHATI 781006 3:THE UNDER SECY. TO THE GOVT. OF ASSAM EDUCATION (SECONDARY) DEPTT. DISPUR GUWAHATI 781006 4:THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GUWAHATI 781019 5:THE INSPECTOR OF SCHOOLS Page No.# 2/3 DHEMAJI ASSAM For the Appellant(s) : Mr. T.C. Chutia, Advocate For the Respondent(s) : Mr. Parthiv K. Goswami, Sr. Advocate (appearing through V.C.) assisted by Mr. B.P. Borah, Advocate for respondent Nos.1, 5 & 6) – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE MICHAEL ZOTHANKHUMA 23.07.2025 (Ashutosh Kumar, CJ) The affiliation of a school run under the name and style of N.C.D. Senior Secondary School, Dhemaji was suspended by the Assam State School Education Board, which was challenged by the school before a learned Single Judge vide WP(C) 3703/2025. The learned Single Judge after appreciating the arguments on behalf of the concerned school that no notice was given to the school to explain its cause before suspending the affiliation, passed an interim order of putting in abeyance the order of suspension of affiliation of the school and made it subject to the outcome of the writ petition. 2. The arguments advanced on behalf of the Assam State School Education Board before the learned Single Judge was that the regulation in that regard does not contemplate of issuance of any notice before suspending the affiliation. Additionally, an argument was made before this Court on behalf of the Board that suspension of the affiliation was the initial step taken by the Assam Board, whereafter, notices would have been issued with reasons for suspension of the affiliation to the school for it to respond. Page No.# 3/3 3. We are of the view that before suspending the affiliation of the school with the Board, the school ought to have been made known the reasons for suspension and should have been permitted to show-cause as to why any punitive action was not required. 4. We, therefore, find it more appropriate to set aside the order dated 27.06.2025 and close the writ petition as well as this appeal. 5. The order of suspension of the affiliation is set aside. 6. This is to enable the Assam State School Education Board to issue requisite notice to the concerned school citing reasons for the decision to suspend and ultimately disaffiliate the school, giving reasonable opportunity to the school to explain its cause. The Board shall take a final decision only after considering the reply by the school. 7. With the aforenoted direction, the writ appeal and the writ petition stand disposed off. JUDGE CHIEF JUSTICE Comparing Assistant