Page No.# 1/15 GAHC010046572025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1573/2025 MOFIAL HOQUE AND 26 ORS S/O - IDRIS ALI, VILL - SHISHUMARA (KALAIRALGA PT-I), P.O. - KOKRADANGA, P.S. - SUKCHAR, DIST. - SOUTH SALMARA MANKACHAR, ASSAM, PIN - 783128 2: BOKKAR MOLLAH S/O - SURAL HOQUE MOLLAH VILL. - SHISHUMARA (KALAIRALGA PT-I) P.O. - KOKRADANGA P.S. - SUKCHAR DIST. - SOUTH SALMARA MANKACHAR ASSAM PIN - 783128 3: MOYNAL HOQUE S/O - SOKER FOKIR VILL. SHISHUMARA P.O. - KOKRADANGA P.S. - SUKCHAR DIST - SOUTH SALMARA MANKACHAR ASSAM. PIN - 783128 Page No.# 2/15 4: KORIM MOLLAH S/O - SURAL HOQUE MOLLAH VIIL. - KALAIRALGA PT-I P.O. - KOKRADANGA P.S. - SUKCHAR DIST. - SOUTH SALMARA MANKACHAR ASSAM PIN 783128 5: HASHMOT ALI S/O - NOZRUL ISLAM VILL. - BORAIRALGA P.O. - KOKRADANGA P.S. - SUKCHAR DIST - SOUTH SALMARA MANKACHAR ASSAM PIN - 783128 6: SAMSUL HOQUE S/O - OSMAN SK VILL. - BORAIRALGA P.O. - KOKRADANGA P.S. - SUKCHAR DIST - SOUTH SALMARA MANKACHAR ASSAM PIN - 783128 7: ANOWARA KHATUN W/O - SAMAD SK VILL. - BORAIRALGA Page No.# 3/15 P.O. - KOKRADANGA P.S. - SUKCHAR DIST. - SOUTH SALMARA MANKACHAR ASSAM PIN - 783128 8: ABDUL FOKIR S/O POLU FOKIR VILL. - BORAIRALGA P.O. - KOKRADANGA P.S. - SUKCHAR DIST. - SOUTH SALMARA MANKACHAR ASSAM PIN 783128 9: MATIN SK. S/O LT. KARIM SK. VILL. - BORAIRALGA P.O. - KOKRADANGA P.S. - SUKCHAR DIST. - SOUTH SALMARA MANKACHAR ASSAM PIN 783128 10: MALEK UDDIN S/O MOHOR UDDIN VILL. - BORAIRALGA P.O. - KOKRADANGA P.S. - SUKCHAR DIST. - SOUTH SALMARA MANKACHAR Page No.# 4/15 ASSAM PIN 783128 11: NURUL ISLAM MONDAL S/O MOZIBAR MONDAL VILL - SHISHUMARA P.O.- KOKRADANGA P.S.- SUKCHAR DIST- SOUTH SALMARA MANKACHAR ASSAM PIN-783128 12: TOMSER SK S/O LT. KALIM UDDIN VILL. - BORAIRALGA P.O. - KOKRADANGA P.S. - SUKCHAR DIST. - SOUTH SALMARA MANKACHAR ASSAM PIN 783128 13: KAJUMUDDIN S/O ROMZAN MOLLAH VILL - NENGTERCHAR P.O. - KOKRADANGA P.S. - SUKCHAR DIST. - SOUTH SALMARA MANKACHAR ASSAM PIN 783128 14: SABED ALI KHAN S/O SOFOR UDDIN KHAN Page No.# 5/15 VILL- SHISHUMARA P.O. - KOKRADANGA P.S. - SUKCHAR DIST. - SOUTH SALMARA MANKACHAR ASSAM PIN 783128 15: HASEN ALI SK S/O MOZIBAR SK VILL- SHISHUMARA P.O. - KOKRADANGA P.S. - SUKCHAR DIST. - SOUTH SALMARA MANKACHAR ASSAM PIN 783128 16: BADSHA ALOM S/O SUKUR MISTRI VILL-KHAGRARCHAR P.O. - KOKRADANGA P.S. - SUKCHAR DIST. - SOUTH SALMARA MANKACHAR ASSAM PIN 783128 17: MOYNAL HOQUE S/O TOMSER FOKIR VILL- BORAIRALGA P.O. - KOKRADANGA P.S. - SUKCHAR Page No.# 6/15 DIST. - SOUTH SALMARA MANKACHAR ASSAM PIN 783128 18: ROFIQUL ISLAM S/O ABED ALI VILL- KHAGRARCHAR P.O. - KOKRADANGA P.S. - SUKCHAR DIST. - SOUTH SALMARA MANKACHAR ASSAM PIN 783128 19: SAHAJ UDDIN SK S/O POLU SK VILL- SHISHUMARA P.O. - KOKRADANGA P.S. - SUKCHAR DIST. - SOUTH SALMARA MANKACHAR ASSAM PIN 783128 20: ROHMOT ULLAH SK S/O HOBIBAR SK VILL- SHISHUMARA P.O. - KOKRADANGA P.S. - SUKCHAR DIST. - SOUTH SALMARA MANKACHAR ASSAM PIN 783128 21: ISA HOQUE ALI SK Page No.# 7/15 S/O BEHAZ UDDIN SK VILL- KALIARALGA PT-I P.O. - KOKRADANGA P.S. - SUKCHAR DIST. - SOUTH SALMARA MANKACHAR ASSAM PIN 783128 22: ABDUL MOZID MONDAL S/O KHOIMUDDIN MONDAL VILL- SHISHUMARA P.O. - KOKRADANGA P.S. - SUKCHAR DIST. - SOUTH SALMARA MANKACHAR ASSAM PIN 783128 23: MOSTAFIZUR ROHMAN S/O ROBIAL MONDAL VILL- NENGTERCHAR P.O. - KOKRADANGA P.S. - SUKCHAR DIST. - SOUTH SALMARA MANKACHAR ASSAM PIN 783128 24: ABDUL JOBEER SK S/O AZIMUDDIN SK VILL- BORAIRALGA P.O. - KOKRADANGA Page No.# 8/15 P.S. - SUKCHAR DIST. - SOUTH SALMARA MANKACHAR ASSAM PIN 783128 25: EASIN ALI SHEIKH S/O MONSER ALI SK VILL- BORAIRALGA P.O. - KOKRADANGA P.S. - SUKCHAR DIST. - SOUTH SALMARA MANKACHAR ASSAM PIN 783128 26: JOBED ALI KHAN S/O LT. SOFOR UDDIN KHAN VILL- SHISHUMARA P.O. - KOKRADANGA P.S. - SUKCHAR DIST. - SOUTH SALMARA MANKACHAR ASSAM PIN 783128 27: MENNAS KHAN S/O MOKROM KHAN VILL- SHISHUMARA P.O. - KOKRADANGA P.S. - SUKCHAR DIST. - SOUTH SALMARA MANKACHAR ASSAM PIN 78312 Page No.# 9/15 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION (SECONDARY), DISPUR, GUWAHATI- 06 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:THE DISTRICT COMMISSIONER SOUTH SALMARA MANKACHAR P.O.- HATSINGIMARI DIST- SOUTH SALMARA MANKACHAR ASSAM PIN-783136 4:THE INSPECTOR OF SCHOOLS SOUTH SALMARA MANKACHAR DISTRICT CIRCLE P.O.- HATSINGIMARI DIST- SOUTH SALMARA MANKACHAR ASSAM PIN-78313 Advocate for the Petitioner : MR. M R KHANDAKAR, MR. A ROHMAN Advocate for the Respondent : SC, SEC. EDU., GA, ASSAM BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 25.05.2026 Heard Mr. M.R. Khandakar, learned Counsel for the petitioner, Mr. U. Sharma, learned Counsel, Secondary Education appearing for respondent no. 1, 2 and 4 and Ms. D.D. Barman, learned Counsel appearing for respondent no.3. By this application filed under Article 226 of the Constitution of India, the Page No.# 10/15 petitioner has challenged the impugned order dated 02.03.2024 by which the school namely Barair Alga High School was merged with Hatsingimari Senior Secondary School in the district of South Salmara, Mankachar under the Assam Education( Provincialization of Services of Teachers and Re-organization of Educational Institutions) Act, 2017 as amended in the year 2018. It be stated here that in the said order, the Hatsingimari Senior School was declared as the Base School. The case of the petitioners, who are the parents of the students studying in Barair Alga High School and few local inhabitants is that the Barair Alga High School was established in the year 1980 and it is stated that the said school is the only high school in 5 kms area. The petitioners, further, stated that Director of Secondary Education, Assam vide order dated 04.01.2021 had provincialized the services of teaching and non-teaching staff of the said school as Tutors under Assam Education( Provincialization of Services of Teachers and Re- organization of Educational Institutions) Act, 2017 (here in after referred to as 2017 Act). While the said school was running since the year 1980, the Government of Assam in Secondary Education Department had issued an office memorandum dated 22.09.2016 under the Siksha Khetra Scheme for amalgamation and merger of different schools and thereafter the Director of Secondary Education, Assam vide the impugned order dated 02.03.2024 had merged the said school with Hatsingimari Senior Secondary School as base school as mentioned above. Aggrieved by the said merger, the petitioners along with other local persons filed a representation to the Secretary of the Government of Assam, Department of School Education for cancellation of the impugned order issued by the Director of Secondary Education, Assam but the said representation was not Page No.# 11/15 given any heed to by the respondent authorities. The learned Counsel for the petitioners submits that by an earlier order dated 04.01.2021, the school namely Barair Alga High Madrassa which has been turned to a general school was made a Base School and the said school had all the necessary infrastructure as reflected in the said order dated 04.01.2021. The learned Counsel for the petitioners further submits that in the impugned order, the other school with which the alleged merger had taken place was considered as the Base School and the same according to him is not correct. The learned Counsel placed reliance on Section 12 of the 2017 Act, which provides for amalgamation and merger of schools. It is provided in the said provision that if there is already an existing educational institution nearby and the enrollment of students do not justify for more than one institutions in the same locality or there are other reasons, the State Government in public interest and by recording reasons in writing, may order for amalgamation or merger of two or more existing institutions. It is further provided in the said provision that the amalgamation or the merger or shifting as the case may be done as per Siksha Khetra Scheme and it is also stated that the said exercise be conducted in appropriate cases. The learned Counsel, thereafter, had placed the Siksha Khetra Scheme by which it is provided that in cases of schools situated in the same campus or in nearby area, the same can be amalgamated or merged into one unit by fulfilling the conditions mentioned in the said scheme. He thereafter placed Clause-5 of the said scheme to show that there has to be two committees, one Block Level Committee and the other District Level Committee and the members to constitute the said committees are given there under. He thereafter placed Clause-6 of the said scheme which provides that for merger or amalgamation, Block Level Committee shall first identify schools which are Page No.# 12/15 eligible for the same and shall send the list of such schools with details to the District Level Committee for examination and that thereafter, the District Level Committee will examine the proposal and furnish the recommendation to the Director of Secondary Education, if the school is under Secondary Education or to the Director of Elementary Education if the school is under Elementary Education and that thereafter, the Director of Secondary Education or the Director of Elementary Education as the case may be shall furnish the proposal to the Government and thereafter, the approval after consultation with the finance department would be given and the merger will come into effect. He submits that in the instant case, the said exercise was not gone into and the Director of Secondary Education has issued the impugned order dated 02.03.2024 merging the said school with the Senior Secondary School. As such, he submits that the said merger was illegal and has prayed for setting aside. The learned Counsel appearing for the Secondary Education submits that Barair Alga High School was merged with Hatsingimari Senior Secondary School on the basis of the report received from the Inspector of Schools, South Salmara in which it was stated that the infrastructure of the Barair Alga High School was poor and also that the school was eroded by river and the land of the school is situated on the private rented land as stated in the affidavit in opposition filed on 09.09.2025. He as such submits that a reasoned order was passed while taking the decision of merging the school with the other Senior Secondary School and that it is the prerogative of the Government to do in appropriate cases. In the impugned order, it is seen that the Director of Secondary Education has passed the order of merger in pursuance to the Government order/instruction issued on 21.02.2024. However, it is not clear as to whether Page No.# 13/15 the procedure provided in 2017 Act was fulfilled but it is seen in the affidavit filed by the respondent no.2 that the Inspector of School had taken the call and gave a report to the Director of Secondary Education, Assam and as could be seen from the said affidavit filed by the Director of Secondary Education, Assam that the Inspector of School had also given a reason for the merger and the reason was that infrastructure of the said school was poor, school was eroded by river and the school was situated in the private land. It is provided under the Act that in cases, where enrollment of the students do not justify for more than one institution in the same locality or there are other reasons, the State Government for reasons in writing and in public interest may order for amalgamation or merger of two existing institutions. In the said provision i.e. Section 12 of 2017, Act, it is also provided that the incumbents, whose services have been provincialized in one of the school should be placed in the same rank and grade in the amalgamated school or in any other school. Further, the entire procedure is prescribed in the said Act. However, it is seen in the instant case that the issue of merger has not been placed before the District Level Committee, who is supposed to examine the proposal and furnish their recommendation to the Director of Secondary Education, Assam. It is , however, not clear from the scheme as to who would start the proposal for merger of a High School with a Senior Secondary School whether it would be the District Level Committee or any other committee. In the said scheme, the Block Level Committee is provided for but the said committee would only exercise in the elementary sector. In the instant case, the merger is between the High School and the Senior Secondary School. Further in the definition of the Base School, it is provided under the Act of 2017 that the same would mean an existing provincialized or a venture educational institutions or any other such schools, Page No.# 14/15 situated within the radius of 5 km in case of High School or High Madrassa and within the radius of 7 km in case of Higher Secondary School or Junior Colleges and that the same would be the Base School. In the instant case, the Senior Secondary School is considered as the base school. Further, under Sub-Section 6 of Section 6 of the Act, it is provided that in case of two or more provincialized institutions existing within the radius of the area as provided above, the District Scrutiny Committee shall identify only one of such education institution as the Base School considering the infrastructure and other amenities. Further, in the affidavit filed by the Director of Secondary Education, Assam it is reflected that the issue of merger has been mooted by the Inspector of Schools in the reasons given therein and the Director of Secondary Education, Assam had considered the same and issued the impugned order, which according to the scheme is not correct in the eyes of law. The Inspector of Schools is the member Secretary of the District Level Committee but the District Level Committee comprises of other officials as well. Moreover, the impugned order was passed in pursuance to another Government order dated 21.02.2024, which is not placed by the counsels appearing for parties before this Court. In view of the said facts and circumstances, it is therefore, directed that the Director of Secondary Education, Assam would look into the entire aspect of the matter and in compliance of the law laid down in 2017 Act, as well as in the scheme should pass the necessary order for the interest of the schools and the students. In view of the same, the impugned order dated 02.03.2024 issued by the Director of Secondary Education, Assam is hereby set aside and quashed. The Director of Secondary Education or the Secretary to the Government of Page No.# 15/15 Assam in the Education Department is directed to pass the necessary order within a period of two months from the date of receipt of this order. Petition is disposed of. JUDGE Comparing Assistant