Page No.# 1/6 GAHC010012212024 2025:GAU-AS:1903 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/320/2024 AZIZUL ISLAM HOQUE S/O LT. MONTAZ ALI, VILL- SALMARA PART-II, P.O.-CHOUDHURIRCHAR, P.S.-FAKIRGANJ, DIST-DHUBRI, ASSAM, PIN-783349 VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE COMMISSIONER AND 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 DHUBRI DISTRICT CIRCLE P.O. AND DIST-DHUBRI ASSAM PIN-783301 4:THE KATHULIPARA NABAJYOTI HIGH SCHOOL REPRESENTED BY ITS HEAD MASTER R/O SALMARA PT. II P.O.-CHOUDHURIRCHAR P.S.-FAKIRGANJ DIST-DHUBRI ASSAM PIN-783349 5:THE HEADMASTER Page No.# 2/6 KATHULIPARA NABAJYOTI HIGH SCHOOL SALMARA PT. II P.O.-CHOUDHURIRCHAR P.S.-FAKIRGANJ DIST-DHUBRI ASSAM PIN-783349 6:THE SCHOOL MANAGEMENT AND DEVELOPMENT COMMITTEE OF KATHULIPARA NABAJYOTI HIGH SCHOOL REPRESENTED BY ITS SECRETARY CUM HEAD MASTER R/O SALMARA PT. II P.O.-CHOUDHURIRCHAR P.S.-FAKIRGANJ DIST-DHUBRI ASSAM PIN-783349 7:THE DEPUTY COMMISSIONER DHUBRI DISTRICT P.O. AND DIST-DHUBRI ASSAM PIN-783301 8:THE SDO(S) CUM DEEO DHUBRI P.O. AND DIST-DHUBRI ASSAM PIN-78330 Advocate for the Petitioner : MR. M A SHEIKH, MS F INTAZ,MS. A BEGUM,MR M H CHOUDHURY Advocate for the Respondent : SC, SEC. EDU., GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 24.02.2025 Heard Mr. M.A. Sheikh, learned counsel for the petitioner. Ms. P. Das, learned counsel appears for the respondent Nos.1, 2 & 3, Mr. G. Pegu, learned Page No.# 3/6 counsel appears for the respondent No.7, while Mr. P.K. Bora, learned counsel appears for the respondent No.8. 2. The petitioner’s case is that pursuant to the notification dated 29.03.2022 issued by the Deputy Commissioner, Dhubri, the petitioner was appointed as the President of the School Management and Development Committee (in short, SMDC) for Kathulipara Naba Jyoti High School. However, without issuing any notice, the charge of President of the SMDC of the said school has been given to the respondent No. 8, vide order dated 09.01.2024 issued by the Inspector of Schools (in-charge), Dhubri district. 3. The respondents’ counsel submit that there is no infirmity with the impugned order dated 09.01.2024, allowing the respondent No. 8 to hold the post of in-charge President of the SMDC, in view of the fact that the petitioner had been arrested in connection with a murder case in respect of Bilasipara P.S. Case No. 427/2023 under Sections 198(A)/302 of the IPC. 4. The respondents’ counsels submit that though the petitioner had been granted bail by this Court, the petitioner is a murder suspect and in terms of Clause 1.1(2) and 1.1(6) of the notification dated 06.08.2014 issued by the Government of Assam, Secondary Education Department, Dispur, the nomination of the petitioner as President of the SMDC has been terminated and the respondent No. 8 has been nominated in his place. 5. Clause 1.1(2) and 1.1(6) of the notification dated 06.08.2014 states as follows:- “1. The term of the President and the vice-President shall be for 5 years. In Page No.# 4/6 case of any vacancy arising out of death, termination or resignation or otherwise, the authority shall immediately nominate another person. However, the nominating authority may terminate their nomination at anytime and nominate some other person(s) in their place, wherever situation arises. 6. In absence of the President, the Vice President of the SMDC shall function and discharge duties of the President. Absence of any member in the meetings of the SMDC will not affect the proceedings of the Committee. In case of a vacancy of a member for whatever reason, the functions of SMDC will not be affected in any manner and the existing members will discharge the functions of SMDC.” 6. The first issue to be decided is whether the nomination/appointment of the petitioner as President of the SMDC has been terminated by the respondents, to enable the respondent No. 8 to be given the charge of President of the SMDC. Nothing has been brought on record by the State respondents till today, showing that the petitioner’s nomination/appointment as President of the SMDC has been terminated by the respondents. On this score alone, the appointment of the respondent No. 8 as in-charge President appears to be illegal. 7. The counsel for the State respondents had been directed by this Court, vide order dated 18.02.2025, to obtain instructions as to whether the nomination/ appointment of the petitioner as President of the SMDC for Kathulipara Naba Jyoti High School had been cancelled or terminated. 8. Mr. G. Pegu, learned counsel appearing for the respondent No.7 submits that the petitioner’s selection and appointment as President of the SMDC of the said school has not been terminated or cancelled by the respondent authorities till today. In this respect he has furnished a letter No.ISD/CC/369/2024/289 dated 20.02.2025 issued by the Inspector of Schools, DDC, Dhubri, which states as follows:- Page No.# 5/6 “Sub: Regarding WP(C) No.320/2024(Azizul Islam Hoque-Vs- State of Assam & others), District district and submission of information. Ref: Your letter No.JR/GA/PS/2025/ dtd. 18.02.2025 Sir, With reference to the subject cited above, I have the honour to furnish herewith the instructions/information's in regards to WP(C) No.320/2024(Azizul Islam Hoque -Vs- State of Assam & others), District district as per questionnaire mention in the letter under reference - 1. No order of termination has been passed to terminate the petitioner from the post of President of SMDC of Kathulipara Nabajyoti High School. 2. No any process has been initiated for construction of the new SMDC of the school after handing over the charge to the respondent No.8 namely Sri Pratha Pratim Neog, ACS, SDO(S)-cum-DEEO, Dhubri. 3. No, such order has been furnished to the petitioner. This is for favour of your kind information and necessary action.” The said letter dated 20.02.2025 issued by the Inspector of Schools, DDC, Dhubri is made a part of the record and marked as Annexure-‘X’. 9. In view of the above letter and submission made by Mr. G. Pegu, learned counsel for the respondent No.7 that the selection and appointment of the petitioner as President of the SMDC has not been cancelled or terminated by the respondent authorities even till today, the impugned order dated 09.01.2024 issued by the Inspector of Schools (in-charge), Dhubri district, Circle Dhubri allowing the respondent No.8 to hold the charge of President of the SMDC of the said school is arbitrary. The petitioner would have to be considered to be the President of the SMDC, unless his selection/appointment order is cancelled or withdrawn and/or his selection/appointment as president of SMDC is Page No.# 6/6 terminated/cancelled. Further, no notice was issued to the petitioner prior to the impugned order being issued. Accordingly, the impugned order dated 09.01.2024, insofar as it relates to allowing the respondent No.8 to hold the charge of President of the SMDC for the Kathulipara Naba Jyoti High School, is hereby set aside. The petitioner should be accordingly allowed to continue as President of the SMDC in terms of the notification dated 29.03.2022 issued by the Deputy Commissioner, Dhubri. 10. The writ petition is accordingly disposed of. JUDGE Comparing Assistant