Page No.# 1/5 GAHC010269122023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6922/2023 HOZRAT ALI AND 4 ORS S/O- JALAL UDDIN, VILL- KATLAMARI PART-III, P.O.- PODMER ALGA, P.S.- FAKIRGANJ, DIST.- DHUBRI (ASSAM). 2: BAHAR ALI KHAN S/O- LALCHAN ALI KHAN VILL- KATLAMARI PART-III P.O.- PODMER ALGA P.S.- FAKIRGANJ DIST.- DHUBRI (ASSAM). 3: JOMER ALI S/O- SHOHOR ALI VILL- KATLAMARI PART-III P.O.- PODMER ALGA P.S.- FAKIRGANJ DIST.- DHUBRI (ASSAM). 4: JOSNA BHANU W/O- LATE HOZROT ALI VILL- KATLAMARI PART-III Page No.# 2/5 P.O.- PODMER ALGA P.S.- FAKIRGANJ DIST.- DHUBRI (ASSAM). 5: SOKER ALI C/O- CHANDU SK VILL- KATLAMARI PART-III P.O.- PODMER ALGA P.S.- FAKIRGANJ DIST.- DHUBRI (ASSAM) VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE DISTRICT COMMISSIONER DHUBRI ASSAM PIN- 783301. 4:THE ADDITIONAL DEPUTY COMMISSIONER (EDUCATION) DHUBRI ASSAM PIN- 783301. 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER DHUBRI ASSAM PIN- 783301. 6:THE BLOCK ELEMENTARY EDUCATION OFFICER GAURIPUR EDUCATION BLOCK Page No.# 3/5 GAURIPUR DIST.- DHUBRI (ASSAM) PIN- 783331. 7:THE HEAD TEACHER DHORBARI KATLAMARI L.P. SCHOOL VILL. KATLAMARI PART-III P.O.- PODMER ALGA P.S.- FAKIRGANJ DIST.- DHUBRI (ASSAM) PIN- 783339 Advocate for the Petitioner : MS. R CHOUDHURY, MS. B. HAZARIKA Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 06.02.2025 1. Heard Ms. R. Choudhury, learned counsel for the petitioners. Also heard Mr. P.N. Sharma, learned counsel for the Department of School Education. 2. The petitioners who are the parents of children who are attending the amalgamated school, namely 2222 Katlamari Part-IV L.P School, have filed the present writ petition, praying for setting aside the order dated 14.09.2023 issued by the District Elementary Education Officer, Dhubri, insofar as it relates to the merger/amalgamation of 1746 Dhorbari Katlamari L.P School with 2222 Katlamari Part-IV L.P School. Page No.# 4/5 3. The petitioners’ counsel submits that in terms of Clause 13 of the Office Memorandum dated 03.08.2021 issued by the Government of Assam, Secondary Education Department, if two or more LP Schools are located within a radius of 1 k.m, then these LP schools may be merged, provided that the number of students does not exceed 100 in each school. 4. The petitioners’ counsel submits that the distance between the 2 amalgamated schools, prior to their amalgamation, was approximately 3 kms. She further submits that as the Brahmaputra river was running between the two schools, the children of the petitioners who are residents of the village Dhorbari Katlamari Part-III and had been attending 1746 Dhorbari Katlamari L.P School, are finding it difficult in crossing the river and walking for a long distance to reach the newly amalgamated school, which is 1746 Dhorbari Katlamari L.P School. 5. The petitioners’ counsel submits that the impugned amalgamation order dated 14.09.2023 should accordingly be set aside. 6. Mr. P.N. Sharma, learned counsel for the respondents, on the other hand, submits that Clause 19 of the O.M. dated 03.08.2021 provides an alternative remedy, inasmuch as, the public can make an appeal before the Government in the Secondary or Elementary Education Department, as the case may be, if the public is aggrieved with the amalgamation of the two schools. He submits that the proper authority, i.e. Amalgamation/Merger Re-verification Committee, headed by the Joint Secretary to the Government of Assam, Department of Page No.# 5/5 School Education can decide any grievance of the public under Clause 19 of the O.M. dated 03.08.2021. 7. In view of there being an alternative remedy available to the petitioners in terms of Clause 19 of the O.M. dated 03.08.2021, the petitioners are given the liberty to approach the said Amalgamation/Merger Re-verification Committee by submitting a representation to the Joint Secretary to the Government of Assam, Department of School Education. The petitioners should approach the concerned authority within a period of 2 (two) weeks from today. The interim order dated 01.12.2023, staying the impugned order dated 14.09.2023, shall continue till the petitioners approach the Amalgamation/Merger Re-verification Committee or the Joint Secretary to the Government of Assam, Department of School Education within two weeks. In the event the petitioners do not approach the above authority within the two weeks period as provided in this order, the stay order shall automatically lapse. 8. The writ petitioner is accordingly disposed of. JUDGE Comparing Assistant