Page No.# 1/4 GAHC010022042024 2025:GAU-AS:3421 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/595/2024 KAPIL HUSSAIN TALUKDAR S/O- JAMIR ALI, R/O- VILLAGE- BORDOLOI PATHAR, P.O. TINIALI BAZAR, DISTRICT- HOJAI, ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS THROUGH- THE SECRETARY TO THE GOVERNMENT OF ASSAM, SCHOOL EDUCATION DEPARTMENT, DISPUR, GUWAHATI- 781006 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 781019 3:THE ADDITIONAL DISTRICT COMMISSIONER (EDUCATION) CUM DMC HOJAI SANKARDEV NAGAR DISTRICT- HOJAI ASSAM 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER NAGAON P.O. AND DISTRICT- NAGAON ASSAM 5:THE BLOCK ELEMENTARY EDUCATION OFFICER LANKA DISTRICT- HOJAI ASSAM 6:RUKIA KHATUN Page No.# 2/4 HEADMISTRESS CUM SECRETARY SCHOOL MANAGING COMMITTEE UDAL TINIALI BAZAR L.P. SCHOOL VILLAGE- TINIALI BAZAR P.O. TINIALI BAZAR P.S. LANKA DISTRICT- HOJAI ASSAM Advocate for the Petitioner : MR. R MAJUMDAR, MS. J GHOSH,MR. JUNM LASKAR Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 26-03-2025 Heard Mr. R Majumdar, learned counsel for the petitioner. Also heard Mr. PK Borah, learned counsel for the Elementary Education Department. 2. The petitioner’s case is that a General Body Meeting was held on 30.10.2023, for constituting a new School Management Committee (SMC) of the Udal Tiniali Bazar L.P. School, Lanka, Hojai, Assam constituting of 17 (seventeen) members. In the said meeting all the members were unanimously selected except for the post of President, for which voting was decided to be held on 04.11.2023. In the election held on 04.11.2023, the petitioner was declared the winner of the election and was accordingly to be made the President of the newly constituted SMC. 3. The petitioner’s case is that the proposal of the Udal Tiniali Bazar L.P. School for approval of the newly constituted SMC was forwarded to the Block Elementary Education Officer (BEEO), Lanka, Hojai, who thereafter forwarded Page No.# 3/4 the same to the District Elementary Education Officer (DEEO), vide letter No. BEEO(L)/SMC/LPS&UPS/2023-24/1564 dated 12.01.2024. Thereafter, the DEEO approved the formation/constitution of the newly constituted SMC, vide letter No. 356, dated 29.01.2024. 4. The petitioner’s grievance is that despite constitution of the SMC, the Headmistress of the said School has not permitted the newly constituted SMC to discharge its duties. 5. Mr. PK Borah, learned counsel for the Elementary Education Department has referred to paragraph 4 of the affidavit filed by the Director of Elementary Education, which is to the effect that the “FORM NO.IV” bearing No. 356, dated 29.01.2024, annexed to the writ petition regarding the approval of the SMC has not been issued by the DEEO. He accordingly, submits that there cannot be any SMC unless approval of the SMC is made by the concerned DEEO in terms of Rule 13(3)(v) of the Assam Right of Children to Free and Compulsory Education Rules, 2011. 6. I have heard the learned counsels for the parties. 7. The fact that there was a General Body Meeting of the parents and guardians of the students and teachers held on 30.10.2023 for the Udal Tiniali Bazar L.P. School, Lanka, Hojai, Assam is not disputed. It is also not disputed that the constitution of the new SMC for the said School has been sent to the BEEO for approval and the same had been further redirected to the DEEO. In view of the conflicting stands taken by the parties regarding the approval to be given to the newly formed SMC, this Court is of the view that the entire matter Page No.# 4/4 can be resolved, if a direction is issued to the DEEO to take a decision with regard to the approval to be given to the newly constituted SMC, in pursuant to the letter dated 12.01.2024 issued by the BEEO, Lanka, Hojai. 8. Accordingly, the DEEO shall decide the issue of giving approval to the newly constituted SMC, which had been formed pursuant to the General Body Meeting on 30.10.2023 and the election held for the post of President on 04.11.2023. The decision to be taken by the DEEO should be done within a period of 3 (three) weeks, from the date of receipt of a certified copy of this order along with a copy of the writ petition. The decision taken should thereafter be communicated to the petitioner. 9. The writ petition is accordingly disposed of. JUDGE Comparing Assistant