Page No.# 1/5 GAHC010235622024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5885/2024 DEWAN ABDUS SATTER S/O- LATE ABDUL KHALEQUE, A R/O- VILLAGE- DAULATPUR, P.O- DAULATPUR, P.S- BIHPURIA, DIST- LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS 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 DISTRICT CIRCLE NORTH LAKHIMPUR 4:THE DEPUTY COMMISSIONER LAKHIMPUR DISTRICT NORTH LAKHIMPUR ASSAM 5:THE HEADMISTRESS TINTHENGIA HIGH SCHOOL VILLAGE- TINTHENGIA P.O- DAULATPUR P.S- BIHPURIA DIST- LAKHIMPUR ASSAM PIN-78705 Page No.# 2/5 Advocate for the Petitioner : MR. M A I HUSSAIN, MR. S H ZAMAN,MR. S. ALOM,MR. NOOR KUTUB ALAM Advocate for the Respondent : SC, SEC. EDU., MR N Z CHOUDHURY (R-5),GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 24.11.2025 Heard Mr. M.A.I. Hussain, learned counsel for the petitioner; Ms. H. Terangpi, learned standing counsel for the Secondary Education Department, being respondent Nos. 1, 2 & 3; and Ms. K. Phukan, learned Government Advocate for the respondent No. 4. None appears for the respondent No. 5. 2. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the order dated 09.10.2024, issued by the Inspector of Schools, Lakhimpur District Circle (IS hereinafter), whereby the School Management & Development Committee (SMDC hereinafter) of Tinthengia High School was dissolved and prayed for issuing direction to the respondent authorities to allow the SMDC of the said school headed by him to continue. 3. Mr. Hussain, learned counsel for the petitioner submits that the petitioner was selected as President of SMDC of Tinthengia High School (erstwhile Tinthengia High Madrassa), vide letter dated 09.09.2022. Thereafter, a full- fledged SMDC was constituted, as per procedure, which was approved by the IS and the term of the said SMDC is of five years, which is going to be expired in the year 2027. But, suddenly, vide impugned order dated 09.10.2024, the IS had dissolved the SMDC of the said school without giving any reason and also the opportunity of being heard to the petitioner. Page No.# 3/5 3.1. Further submission of Mr. Hussain is that vide same impugned order, the IS had also dissolved the SMDC of Daulatpur Higher Secondary School and the same was challenged in a writ petition, being W.P.(C) No. 5605/2024, wherein vide order dated 27.03.2025, a Coordinate Bench of this Court had set aside and quashed the impugned order, dated 09.10.2024, by which the SMDC of the said school was dissolved, on the ground that the same was passed in violation of the principles of natural justice. 3.2. Mr. Hussain also submits that the said order was passed on the basis of one letter dated 24.03.2025, issued by the IS, wherein it has been categorically stated that the SMDC of Daulatpur Higher Secondary School and Tinthengia High School were dissolved on receipt of public allegations and instructions from the higher authority and due approval of the District Commissioner, Lakhimpur. It has also been stated in the letter that no notice was issued to both the SMDCs prior to dissolution of them. 3.3. Mr. Hussain further submits that since the impugned order, so far it relates to Daulatpur Higher Secondary School was interfered with by a Coordinate Bench of this Court in W.P.(C) No. 5605/2024 and since the case of the present petitioner also stands in the same footing, similar order may be passed in this petition also and matter may be disposed of. 4. On the other hand, Ms. Terangpi, learned standing counsel for the Secondary Education Department, submits that in view of the order being passed by a Coordinate Bench of this Court in W.P.(C) No. 5605/2024, she has no objection in the event of disposing of the present writ petition by passing similar order. 5. Having heard the submissions of learned counsel for both the parties, I Page No.# 4/5 have carefully gone through the petition as well as the documents placed on record and also perused the impugned order dated 09.10.2024 (Annexure No. 12) and the order dated 27.03.2025, passed in W.P.(C) No. 5605/2024 and also gone through the letter, dated 24.03.2025, issued by the IS. 6. The basic facts of this case are not in dispute. Vide impugned order dated 09.10.2024, the SMDC of Tinthengia High School and Daulatpur Higher Secondary School were dissolved without giving any prior notice and opportunity of being heard. And vide order dated 27.03.2025, on the basis of one letter of the IS dated 24.03.2025, a Coordinate Bench of this Court was pleased to dispose of the W.P.(C) No. 5605/2024, by setting aside and quashing the impugned order dated 09.10.2024, on the ground that the same was passed in violation of the principles of natural justice. 6.1. It also appears that the present petitioner is also similarly situated with the petitioner of W.P.(C) No. 5605/2024, as the said petitioner was heading the SMDC of Daulatpur Higher Secondary School, which was dissolved vide same impugned order dated 09.10.2024, without giving any notice or opportunity of being heard. 7. Thus, violation of principles of natural justice is writ large on the face of the record and on such count, the impugned order, so far it relates to the present petitioner is concerned, fails to withstand the legal scrutiny and accordingly, the same stands set aside and quashed. Consequently, the SMDC headed by the present petitioner shall be restored to its original position, within a period of 1 (one) month from the date of receipt of the certified copy of this order. 8. The petitioner shall obtain a certified copy of this order and place the Page No.# 5/5 same before the respondent authorities within a period of 1 (one) week from today. JUDGE Comparing Assistant