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2025 DAILYLAW 26077 (GAU)

MIZANUR RAHMAN v. THE STATE OF ASSAM

WP(C)/3724/2025 · 2025-11-23

Nelson Sailo

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010134272025 2025:GAU-AS:15924 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3724/2025 MIZANUR RAHMAN S/O JOHIRUL ISLAM, RESIDENT OF VILLAGE BERABHANGA PART II, PO AND PS SUKCHAR, DIST SOUTH SALMARA MANKACHAR, ASSAM 783128 VERSUS THE STATE OF ASSAM REP BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR GUWAHATI 06 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI 19 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI 19 4:THE MISSION DIRECTOR SSA ASSAM KAHILIPARA GUWAHATI 19 5:THE SECRETARY ASSAM STATE SCHOOL EDUCATION DIVISION I ERSTWHILE SEBA BAMUNIMAIDAM GUWAHATI 21 6:THE DISTRICT ELEMENTARY EDUCATION OFFICER PO HATSINGIMARI DIST SOUTH SALMARAMANKACHAR ASSAM 783135 Page No.# 2/4 7:THE INSPECTOR OF SCHOOL SSDMC SOUTH SALMARA MANKACHAR PO HATSINGIMARI DIST SOUTH SALMARA MANKACHAR ASSAM 783135 8:THE BLOCK ELEMENTARY EDUCATION OFFICER MANKACHAR SOUTH SALMARA MANKACHAR PO HATSINGIMARI DIST SOUTH SALMARA MANKACHAR ASSAM 783135 9:THE DEPUTY COMMISSIONER SOUTH SALMARA MANKACHAR PO HATSINGIMARI DIST SOUTH SALMARA MANKACHAR ASSAM 783135 10:THE HEADMASTER RIVER VALLEY ACADEMY BHUTIADANGA VILLAGE BHUTIADANGA PO AND PS SUKCHAR DIST SOUTH SALMARA MANKACHAR ASSAM 78312 Advocate for the Petitioner : MR. HUSSAIN AHMED LASKAR, MR. M R KHANDAKAR,MS D DUTTA,MR. S B LASKAR Advocate for the Respondent : SC, SEC. EDU., GA, ASSAM,SC, SSA,SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 24.11.2025 Heard Mr. M. R. Khandakar, learned counsel for the petitioner. Also heard Page No.# 3/4 Ms. P. Das, learned Standing Counsel, Secondary Education Department for the respondent Nos.1, 2 and 7; Ms. S. Chutia, learned counsel for the respondent Nos. 3 and 6; Mr. T. C. Chutia, learned Standing Counsel, SEBA for the respondent No.5 and Mr. B. Deuri, learned Govt. Advocate for the respondent No.9. [2.] The learned counsel for the petitioner submits that the petitioner is aggrieved with the opening of the respondent No.10 School which according to him is without any permission from the competent authority. He submits that the petitioner is the President of School Management Committee of Sonabhari Jatiya Bidyalaya, Bhutiadanga in the district of South Salmara. He submits that although a complaint was submitted before the District Commissioner, South Salmara, Mankachar on 02.06.2025 but since the same has not been considered by the said authority, the petitioner is before this Court. It is submitted at the bar that unless permission is granted by the State Government, it will not be possible for the School to be recognized and since according to the petitioner, the respondent No.10 is running the school without any permission from the Government and therefore, appropriate action should be taken against the respondent No.10. [3.] Having regard to the nature of grievance projected by the petitioner, this Court is of the view that the petitioner should approach the Secretary to the Govt. of Assam, School Education Department (respondent No.1) with the grievance by submitting an appropriate representation, if so advised within a period of 15(fifteen) days from today. In the event, the petitioner files such representation, the same be considered and disposed of by the said authority in accordance with law after hearing all the parties who are likely to be effected and as expeditiously as possible. Page No.# 4/4 [4.] With the above directions, this writ petition stands disposed of. JUDGE Comparing Assistant