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2025 DAILYLAW 25885 (GAU)

MANAGING COMMITTEE OF THE BARJAR HIGH SCHOOL AND 3 ORS. v. THE STATE OF ASSAM AND 4 ORS.

WP(C)/6247/2025 · 2025-11-23

Nelson Sailo

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010238652025 2025:GAU-AS:15925 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6247/2025 MANAGING COMMITTEE OF THE BARJAR HIGH SCHOOL AND 3 ORS. REPRESENTED BY THE PRESIDENT SMT. BICHITRA KALITA, AGED ABOUT 67 YEARS, W/O SRI LAKHI KALITA, VILL.- BARJAR, P.O.- BARAMA, P.S.- NALBARI, DIST.- NALBARI, ASSAM, PIN-781346 2: MAJNUR HAQUE S/O LATE MAFIZ ALI R/O- DIPTA P.O.- SURADI P.S.- NALBARI DIST- NALBARI ASSAM PIN-781340 3: ABDUL SALAM S/O- KARIM ALI R/O- DIPTA P.O.- SURADI P.S.- NALBARI DIST- NALBARI ASSAM PIN-781340 4: RAFIK ALI S/O LATE AKBAR ALI R/O- DIPTA P.O.- SURADI P.S.- NALBARI DIST- NALBARI ASSAM PIN- 78134 VERSUS Page No.# 2/4 THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, ASSAM SCHOOL EDUCATION DEPARTMENT (SECONDARY EDUCATION), DISPUR, GUWAHATI-781006 2:ASSAM STATE SCHOOL EDUCATION BOARD REPRESENTED BY ITS CHAIRMAN DIVISION-I (ERSTWHILE SEBA) BAMUNIMAIDAM GUWAHATI- 781021 3:THE CHAIRMAN AND CONVENER OF THE DISTRICT LEVEL COMMITTEE (DLC) CONSTITUTED FOR REORGANIZATION OF HSLC EXAMINATION CENTER NALBARI DISTRICT FOR THE YEAR 2025-2026 CUM INSPECTOR OF SCHOOLS NALBARI DISTRICT CIRCLE NALBARI. 4:DISTRICT COMMISSIONER NALBARI DISTRICT NALBARI 5:NATUN DEHAR MOUZA MILAN H.S. SCHOOL REPRESENTED BY THE PRINCIPAL KHUKUNDI P.O.- KHUKUNDI P.S.- NALBARI DIST- NALBARI ASSAM. PIN-78134 Advocate for the Petitioner : MR. N K KALITA, MR D DEKA Advocate for the Respondent : SC, SEC. EDU., MR. T CHUTIA SC STATE SCHOOL EDUCATION BOARD,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 24.11.2025 Heard Mr. N. K. Kalita, learned counsel for the petitioners, who submits that the petitioners are aggrieved with the change of examination centre for HSLC examination for the year 2026. He submits that as per the provisional list Page No.# 3/4 notified by the Chairmen and Co-Chairmen of the District Level Committee, the Barjar High School, Nalbari is at Sl. No.177 and an examination centre notified but when the final list came to be prepared, the respondent No.5 School has been made the examination centre instead and all the students from Barjar High School, Nalbari are required to appear from that centre. The learned counsel for the petitioner submits that the respondent No.5 School earlier was attached to Barjar High School as feeder School. Aggrieved with the change of the examination centre, the petitioners approached the District Commissioner, Nalbari by submitting a representation on 08.09.2025 but since the same has not been considered till date, the petitioners are before this Court. [2.] When the matter was listed on 17.11.2025, Mr. T. C. Chutia, learned Standing Counsel, Assam State School Education Board was asked to obtain instructions in the matter. Today, he submits that as per the instructions received by him, the Board only issues guidelines and the parameters for selection of the examination centers and it is therefore the District level machineries/authorities to undertake the process of selection of the centers and not the Assam State School Education Board. [3.] Upon hearing the learned counsel for the parties and having regard to the pendency of the representation submitted by the petitioners before the District Commissioner, Nalbari on 08.09.2025, the writ petition is disposed of at this stage by directing the District Commissioner, Nalbari to consider and dispose of the representation so submitted in accordance with law and as per the Rules and procedures in force within a period of 15(fifteen) days from the date of receipt of a certified copy of this order. [4.] Along with a certified copy of this order, the petitioner shall submit a copy of the writ petition with annexures to the District Commissioner, Nalbari for Page No.# 4/4 doing the needful. [5.] Mr. S. M. T. Chistie, learned Standing Counsel, Secondary Education Department as well as Mr. B. Deuri, learned Govt. Advocate for the State respondents are also heard. [6.] It is also provided herein that while considering and disposing of the representation as directed herein above, the District Commissioner shall give the petitioners an opportunity of hearing. JUDGE Comparing Assistant