Page No.# 1/7 GAHC010194662023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5115/2023 SHEIKH HABIBUR RAHMAN SON OF LATE ANOWAR SIDDIQUE RESIDENT OF VILLAGE- BAKULGURI, P.O BARAPUTIA VIA JAMUNAMUKH, P.S. KAMPUR, DISTRICT - NAGAON, ASSAM, PIN - 782428 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI-6 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 DISTRICT- KAMRUP (M) ASSAM. 3:THE INSPECTOR OF SCHOOLS NAGAON DISTRICT CIRCLE NAGAON DISTRICT- NAGAON ASSAM PIN - 782001 4:THE DEPUTY COMMISSIONER NAGAON DISTRICT NAGAON ASSAM PIN - 782001 Page No.# 2/7 5:THE HEADMASTER NALARPAR HIGH SCHOOL VILLAGE- BAKULGURI P.O. BARAPUTIA VIA JAMUNAMUKH DISTRICT - NAGAON ASSAM PIN - 782428 6:SRI ABHIJIT BORA PRESIDENT SCHOOL MANAGEMENT AND DEVELOPMENT COMMITTEE NALARPAR HIGH SCHOOL VILLAGE- BAKULGURI P.O. BARAPUTIA VIA JAMUNAMUKH DISTRICT- NAGAON ASSAM PIN - 78242 Advocate for the Petitioner : MR. R SARMA, MS D DAS Advocate for the Respondent : GA, ASSAM, SC, SEC. EDU. BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 11.09 .2025 Heard Mr. R. Sarma, learned counsel for the petitioner. Also head Ms. P. Das, learned standing counsel, Secondary Education Department, appearing for the respondent Nos.1—3 and Ms. D.D. Barman, learned Additional Senior Government Advocate, appearing for the respondent No.4. 2. In this petition under Article 226 of the Constitution of India, the petitioner has challenged the letter issued by the Inspector of Schools, Nagaon District Circle (NDC), Nagaon, vide Memo No.IS/NDC/AAP/SMDC/2022/2056(A), dated 08.09.2022. It is to be noted here that vide impugned letter dated 08.09.2022, the Inspector of Schools, Nagaon has nominated the respondent No.6, namely, Shri Abhijit Bora, as the President of the Page No.# 3/7 new School Management and Development Committee (SMDC) of Nalarpar High School, Nagaon. 3. Mr. Sarma, learned counsel for the petitioner submits that the petitioner was initially appointed as Assistant Teacher of Doboka Higher Secondary School, Hojai and on the request of local public of Nalarpar High School, the petitioner resigned from Doboka Higher Secondary School on 31.08.1992 and joined as Headmaster of Nalarpar High School, Nagaon on 01.09.1992 and the said school was provincialized on 01.01.2013 and the petitioner retired from the said school as Headmaster on 30.11.2020. The Headmaster of Nalarpar High School has forwarded the name of the petitioner along with two others as President of the School Management and Development Committee, pursuant to the letter dated 28.09.2021 issued by the Inspector of Schools, NDC, Nagaon. But, the Inspector of Schools, Nagaon, vide his letter dated 08.09.2022 intimated the Headmaster of the school about nomination of the respondent No.6 as the President of the new SMDC, though his name has not been forwarded by the Headmaster of the school and that the nomination of the respondent No.6 as President of SMDC of Nalarpar High School is illegal and arbitrary and the same has been issued in violation of the guidelines and selection procedure prescribed in the Notification, dated 24.06.2016, issued by the Secretary to the Govt. of Assam, Education (Secondary) Department. 3.1 Mr. Sarma, referring to the Notification, dated 24.06.2016, submits that the said Notification provides for selection process of President and Vice-President of SMDC and it provides that the Inspector of Schools, after consultation with the Principal/Headmaster and local people, will forward 2(two) names to the Director, Secondary Education, Assam, each President and Vice-President with the recommendation of the Deputy Commissioner within a period of 30 days and after considering the names, the Director, Secondary Education, Assam will provide the list to the Government with his comment for selecting single name, after comparing the date of both the candidates and then the Government will approved the Committee. 3.2 Further, referring to Annexure-I of the affidavit-in-opposition filed by the Page No.# 4/7 respondent No.3, the Inspector of Schools, Mr. Sarma submits that the said notification has empowered the Deputy Commissioner to select the President and Vice-President of the School Management and Development Committee of an educational institution of the concerned district with the approval of the Guardian Minister and the respondent No.3, in paragraph No.5 of affidavit-in-opposition, has taken a stand that the Inspector of Schools by following the Government Notification collected the names of persons for President and Vice-President from the local people, concerned Headmaster/Principal of the High, Higher and Senior Secondary Schools and also consulted with the public representatives including local renowned persons and thereafter, prepared the list of nomination containing the names of President and Vice-President and subsequently, submitted in respect of all Government provincialized High, Higher and Senior Secondary Schools to the District Commissioner, Nagaon for approval and after receiving the recommendation/approval from the District Commissioner as well as from the Guardian Minister, the respondent No.3, vide letter dated 08.09.2022, had informed the concerned Headmaster/Principal to form the School Management and Development Committee of the school with approved persons. 3.3 Mr. Sarma further submits that it is also their stand that the names of the respondent No.6, namely, Abhijit Bora, as President and Dipali Mech as Vice-President of the SMDC was proposed by the local public representative and the recommendations were duly approved by the District Commissioner and the Guardian Minister, Nagaon. But, Mr. Sarma submits that the Notification, based on which the respondent No.6 was appointed, was of dated 27.10.2021, but the process for reconstitution of the SMDC of Nalarpar High School was initiated vide letter dated 28.09.2021 prior to the said Notification dated 27.10.2021, and the said Notification cannot be given retrospective effect and as such, the impugned letter of the Inspector of Schools, Nagaon (respondent No.3), dated 08.09.2022 is illegal and arbitrary and dehors the Rules and therefore, it is contended to set aside the same. 4. Per contra, Ms. 4. Per contra, Ms. Das, learned standing counsel for the respondents in Secondary Education Department has pointed out that the respondent No.6 was appointed pursuant Page No.# 5/7 to the Notification, dated 27.10.2021, by which Notification the Deputy Commissioner is empowered to select the President and Vice-President of the SMDC of an educational institution of the concerned district with the approval of the Guardian Minister and the name of the respondent No.6, as per stand of the respondent No.3, in paragraph No.5 of the affidavit-in-opposition, was proposed by the local public representative and the recommendation was approved by the Deputy Commissioner and the Hon'ble Guardian Minister of Nagaon and as such, there is no illegality or impropriety requiring any interference of this Court. 5. Having heard the submission of learned counsel for both the parties, I have carefully gone through the petition and the documents placed on record and also perused the letter of the respondent No.3 (Annexure-1), dated 28.09.2021, in respect of reconstitution of SMDC of the High Schools, wherein the Headmasters/Principals of all High Schools/Higher Secondary Schools are requested to forward 2(two) names of persons for each President and Vice-President on or before 02.10.2021, subject to fulfillment of some criteria and pursuant to the said letter, the Headmaster of Nalarpar High School has forwarded the names of the present petitioner and one Moktab Hussain and one Pranjit Bora at Sl. Nos.1, 2 and 3, respectively, for the post of President and also forwarded the names of one Iqbal Hussain and Md. Abdul Hannan at Sl. Nos.4 and 5, respectively, for the post of Vice-President. Further, it appears from the Annexure-5, letter of the Inspector of Schools, NDC, Nagaon, dated 08.09.2022, that the name of the respondent No.6, namely, Abhijit Bora has been nominated by the respondent No.3 as the President and one Dipali Mech as Vice-President. 6. However, perusal of the Notification, dated 24.06.2016, issued by the Secretary, Education (Secondary) Department, Dispur, indicates that in respect of the selection process of President and Vice-President of SMDC, the Inspector of Schools, after consultation with the Principal/Headmaster and local people, will forward 2(two) names to the Director, Secondary Education, Assam, for each President and Vice-President with the recommendation of the Deputy Commissioner within a period of 30 days. After considering the names, the Director, Secondary Education, Assam will provide the list to Page No.# 6/7 the Government with his comment for selecting single name after comparing the data of both the candidates and then the Government will approve the Committee. But, from the letter of the Headmaster (Annexure-4), it appears that the name of the respondent No.6 was not forwarded by the Headmaster and the affidavit of the respondent No.3 is silent as to whether consultation with the Headmaster, Nalarpar High School was done or not while recommending the name of the respondent No.6 by the respondent No.3. 7. Though the respondent No.3 in his affidavit has taken a stand that pursuant to the Notification, issued on 27.10.2021, the name of the respondent No.6 was approved by the Deputy Commissioner, which was proposed by the local public representative, yet, it appears that the process of nomination has been started vide letter dated 28.09.2021, of the respondent No.3, and the Notification, based on which the respondent No.6 was nominated for being appointed as the President of the school, was of dated 27.10.2021. No doubt this Notification dated 27.10.2021 has empowered the Deputy Commissioner to select the President and Vice-President, yet, there is no indication in the said Notification, dated 27.10.2021, about giving its retrospective effect. And since the Notification dated 27.10.2021, was issued after beginning of the process for nomination of President and Vice-President of the High School and Higher Secondary School, the same cannot be applied retrospectively. 8. Though Ms. Das made an attempt to justify the stand taken by the respondent No.3 in paragraph No.5, to a pointed query of this Court as to whether the Notification dated 27.10.2021, can be given retrospective effect to the selection process, which was started vide letter dated 28.09.2021, Ms. Das could not answer the same. 9. In that view of the matter, the nomination of the respondent No.6 by the Inspector of Schools, vide his letter dated 08.09.2022, appears to be contrary to the procedure prescribed in the Notification dated 24.06.2016, and the Notification dated 27.10.2021, cannot be applied in the selection process, which was initiated prior to coming into force of the said Notification and as such, the impugned letter dated 28.09.2021, nominating the private respondent No.6, fails to withstand the legal scrutiny and being arbitrary and Page No.# 7/7 illegal, the same stands interfered with. 10. In the result, the present writ petition stands allowed. The impugned letter dated 08.09.2022, stands set aside and quashed. However, liberty will remain with the respondent No.3 to initiate a fresh process, strictly in accordance with rule. 11. The parties have to bear their own costs. Comparing Assistant Sd/- Robin Phukan JUDGE