Page No.# 1/4 GAHC010229942024 2025:GAU-AS:3557 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5605/2024 MAMUN IKRAMUL HOQUE CHOWDHURY S/O ABDUL QUADIR, RESIDENT OF VILLAGE DAULATPUR, PO DAULATPUR, PS BIHPURIA, DIST LAKHIMPUR ,ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS TO BE REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR GUWAHATI 781006 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI 19 3:THE INSPECTOR OF SCHOOLS LAKHIMPUR DIST NORTH LAKHIMPUR ASSAM 4:THE DISTRICT COMMISSIONER LAKHIMPUR DIST NORTH LAKHIMPUR ASSAM 5:THE PRINCIPAL DAULATPUR HIGHER SECONDARY SCHOOL VILLAGE AND PO DAULATPUR DIST LAKHIMPUR ASSAM 78705 Advocate for the Petitioner : MR. M A I HUSSAIN, MR. NOOR KUTUB ALAM,MR. S. ALOM,MR. S H ZAMAN Advocate for the Respondent : SC, ELEM. EDU, MR. M K HUSSAIN,FOR CAVEATOR,GA, ASSAM Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 27.03.2025 Heard Mr. M.A.I. Hussain, learned counsel for the petitioner, Ms. P. Das, learned counsel for the Secondary Education Department for the respondent Nos. 1, 2 & 3 and Mr. P. Saikia, learned counsel for the respondent No. 4. 2. The petitioner, who is the President of the School Management and Development Committee (SMDC)of the Daulatpur Higher Secondary School, is aggrieved by the order dated 09.10.2024, by which the SMDC of the school has been dissolved and the Principal of the school has been directed to start the process for re-formation of a new SMDC. 3. The petitioner’s counsel submits that the impugned order dated 09.10.2024 has been issued without any notice being issued to the petitioner, in violation of Clause 3 of the Notification dated 06.08.2014, which is reflected in the order dated 06.12.2024 passed by this Court. 4. Clause 3 of the Notification dated 06.08.2014 states as follows: “(3) On receipt of complaint against a SMDC from community/organization/Govt. officials regarding non-compliance of Govt. order/instruction, negligence of duties and responsibilities, non cooperative to implement Govt. funded schemes for the improvement of school, the Director of Secondary Education, Assam will institute an inquiry into the matter and subject to the authenticity of the complaint shall pass a reasoned order for dissolution of the SMDC concerned after giving due opportunity to the SMDC concerned.” Page No.# 3/4 5. Ms. P. Das, learned counsel for the Secondary Education Department has submitted letter No. RMSA/Lakhimpur/SMDC/ Const./pt-II/197/3399 dated 24.03.2025 issued by the Inspector of Schools, Lakhimpur District Circle, North Lakhimpur, which states that no notice was issued to the concerned SMDC prior to dissolution. 6. I have heard the learned counsels for the parties. 7. The letter dated 24.03.2025 is made a part of the record and marked as Annexure X. 8. The contents of the letter dated 24.03.2025 issued by the Inspector of Schools, Lakhimpur District Circle, North Lakhimpur is reproduced herein below as follows:- “Sub: Instruction in regard to the I.A.829/2025 in WP(c) No 5605/2024 Sir, With reference to the subject cited above, I have the honour to state that SMDC of Daulatpur Higher Secondary School and Tinthengia High School were dissolved on receipt of public allegations and instructions from the higher authority after due approval of District Commissioner, Lakhimpur. No notice was issued for the concerned SMDC prior to dissolution of them.” 9. In view of the categorical stand taken by the respondents that the School Management and Development Committee had been dissolved without issuing any notice to them, this Court is of the view that the said impugned order dated 09.10.2024 is not sustainable, as the same is in violation of the principles of natural justice. Accordingly, the impugned order dated 09.10.2024, by which the SMDC has been dissolved, is hereby set aside. Page No.# 4/4 10. The writ petition is accordingly allowed and disposed of. JUDGE Comparing Assistant