Page No.# 1/7 GAHC010258692024 2025:GAU-AS:4263 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6533/2024 ULUFA BEGUM AND 6 ORS. W/O- ABDUL KORIM, VILL.- BOYZERALGA PT-V, P.O. NAYERALGA, P.S. BILASIPARA, DIST. DHUBRI, ASSAM, PIN- 783348. 2: AMBIYA KHATUN W/O- ATOWAR ALI BHUYAN VILL.- BOYZERALGA PT-V P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN- 783348. 3: ROSHIDA BEGUM W/O- HAKIM UDDIN MONDAL VILL.- BOYZERALGA PT-V P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN- 783348. 4: AKLIMA KHATUN W/O- AEUSOB ALI VILL.- BOYZERALGA PT-V P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN- 783348. 5: MOSPIKA KHATUN W/O- ABU ANSER VILL.- BOYZERALGA PT-V Page No.# 2/7 P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN- 783348. 6: ANOWER HUSAIN S/O- HANIF ALI MUNSHI VILL.- BOYZERALGA PT-V P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN- 783348. 7: KURAN ALI W/O- AGAR ALI VILL.- BOYZERALGA PT-IV P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN- 783348 VERSUS THE STATE OF ASSAM AND 12 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GHY-06. 2:THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GHY-06. 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-19. 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER DHUBRI ASSAM 5:THE DEPUTY COMMISSIONER DHUBRI ASSAM Page No.# 3/7 6:THE BLOCK ELEMENTARY EDUCATION OFFICER CUM-BLOCK MISSION COORDINATOR BILASIPARA DIST. DHUBRI ASSAM PIN- 783348. 7:THE CLUSTER RESOURCE CENTRE COORDINATOR (CRCC) BOYZERALGA P.O. BONDIHANA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN- 783348. 8:THE SCHOOL MANAGEMENT COMMITTEE UTTAR BOYZERALGA L.P. SCHOOL REPRESENTED BY THE MEMBER SECRETARY CUM- HEAD TEACHER OF UTTAR BOYZERALGA L.P. SCHOOL VILL.- BOYZERALGA PT-V P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN- 783348. 9:SHAHJAHAN ALI AHMED S/O- TAJU SK THE PRESIDENT OF SMC UTTAR BOYZERALGA L.P. SCHOOL VILL.- BOYZERALGA PT-V P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN- 783348. 10:SUKJAN NESSA W/O- NUR UDDIN SK VILL.- BOYZERALGA PT-IV P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN- 783348. 11:ABUL HOSSEN MONDAL S/O- LATE JAHAN UDDIN MONDAL Page No.# 4/7 VILL.- BOYZERALGA PT-V P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN- 783348. 12:JAHARBI BIBI W/O- FULCHAN ALI VILL.- BOYZERALGA PT-V P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN- 783348. 13:JELATON NESSA W/O- ASHAN ALI VILL.- BOYZERALGA PT-V P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN- 783348 Advocate for the Petitioner : MR. M U MONDAL, MS. N NASRIN,MD. I H KHAN,MR K ISLAM,MR A ALIM SK Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 07.04.2025 Heard Mr. A. Alim Sk., learned counsel for the petitioners and Mr. P.K. Borah, learned counsel for the Elementary Education Department. 2. The petitioners’ counsel submits that despite the direction issued by the District Elementary Education Officer, Dhubri on 20.08.2024, which directed the Page No.# 5/7 Headmaster of Uttar Boyzeralga L.P. School to convene a meeting of the School Management Committee, in which the petitioners could propose a No Confidence Motion against the President of School Management Committee, i.e., the respondent No. 9, the respondent No.9 (Headmaster) has failed to convene a meeting till today. 3. The additional affidavit submitted by the petitioner on 24.01.2025 is to the effect that the respondent Nos. 6 and 8 have accepted dasti service of notice. However, the respondent Nos. 7, 9 & 13 have refused to accept the notice attempted to be served by way of dasti service on 28.12.2024. 4. The track consignment of the notice issued to the respondent Nos. 8 & 9 shows that the notice has been delivered on 12.02.2025. Accordingly, notice is deemed to be served upon the respondent Nos. 6, 8 & 9. 5. The order dated 26.03.2025 passed in the Lawazima Court is to the effect that service in respect of the respondent Nos.7, 10, 11, 12 & 13 has been completed. However, no one appears for the above respondents. 6. The petitioners’ counsel submits that the SMC was constituted on 22.11.2023 and the last meeting of the SMC was held on 28.06.2024. However, the respondent No.9, who is the President of the SMC, did not attend the SMC meeting held on 28.06.2024. Besides the above, the respondent No.9 has failed to convene any meeting of the SMC beyond 28.06.2024. 7. The petitioners’ counsel submits that a direction should be issued to the respondent Nos.4, 6, 8 & 9 to convene a special meeting of the SMC in terms of Rule 13(4)(v)(vi) of the Assam Right of Children to Free and Compulsory Page No.# 6/7 Education Rules, 2011 (hereinafter referred to as ‘the 2011 Rules’). He further submits that a President of an SMC can be removed by the SMC, through a resolution signed by at least two-third Members present in the meeting of the committee, which should not be less than or equal to fifty percent (50%) of the total members of the committee or by the DEEO, after satisfying himself/herself of the facts through an enquiry if the President is found guilty of misconduct or negligence of duty in terms of Rule 13(5)(ii) & 13(5)(iv) of the 2011 Rules. 8. Mr. P.K. Borah, learned counsel for the Elementary Education Department submits that the writ petition can be disposed of, by directing the respondent Nos.4, 6, 8 & 9 to convene an SMC meeting, wherein the petitioners can propose a No Confidence Motion against the President of the SMC. 9. On considering the fact that no one appears on behalf of the President of the SMC, though notice is deemed to be served upon him, this Court is of the view that the writ petition can be disposed of, as there is nothing to be decided herein. As the petitioners herein make up 7 out of 12 of the members of the SMC and as the District Elementary Education Officer, Dhubri has directed the respondent No.9, to convene a meeting of the SMC on 20.08.2024, which has not been acceded to by the respondent No.9, this Court is of the view that the respondent No.9 cannot shirk his duty, by not convening a meeting, as directed by the District Elementary Education Officer. 10. Accordingly, the respondent Nos.4, 6, 8 & 9 are directed to ensure that an SMC meeting is convened and held on or before 30.04.2025, after giving adequate notice to all the SMC members. The grievance of the petitioners should also be looked into and considered on the said date and in the said Page No.# 7/7 meeting. The meeting should also be conducted as per the 2011 Rules. The writ petition is accordingly disposed of. JUDGE Comparing Assistant