Page No.# 1/3 GAHC010027982025 2025:GAU-AS:1728 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/871/2025 SMTI SOBIYA KHATUN W/O ABDUR RAHIM, RESIDENT OF VILL. KAZAIKATA, P.O. KAZAIKATA, P.S. BILASIPARA, DIST. DHUBRI, ASSAM, PIN -783348. VERSUS THE STATE OF ASSAM AND 5 ORS. TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI, PIN- 781006. 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI PIN- 781019. 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER DHUBRI ASSAM P.O. P.S. AND DIST. DHUBRI ASSAM PIN- 783301. 4:THE BLOCK ELEMENTARY EDUCATION OFFICER BILASIPARA EDUCATION BLOCK P.O. AND P.S. BILASIPARA DLST. DHUBRI ASSAM Page No.# 2/3 PIN- 783348. 5:ABDUR RASHID SHEIKH MEMBER SECRETARY OF SMC/ HEAD MASTER OF KAZAIKATA MOHAMMADIA M.E. SCHOOL RESIDENT OF VILL KAZAIKATA P.O. KAZALKATA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN- 783348. 6:SAIDUL FAKIR S/O AMZAD FAKIR VICE PRESIDENT OF SMC OF KAZAIKATA MOHAMMADIA M.E. SCHOOL RESIDENT OF VILL. KAZAIKATA P.O. KAZAIKATA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN- 783348 Advocate for the Petitioner : MR. A A R KARIM, Ms. R. R. BORAH,MD S A MONDAL Advocate for the Respondent : SC, ELEM. EDU, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 19.02.2025 1. Heard Mr. A.A.R.Karim, learned counsel for the petitioner, who submits that the petitioner who was the President of the School Managing Committee (SMC) of Kazaikata Mahammadia M.E. School had been removed by way of a No- Confidence Motion, as reflected in the impugned order dated 05.12.2024. The petitioner’s counsel submits that the petitioner was the President of SMC since 12.12.2023 and till the issuance of the impugned order dated 05.12.2024, the petitioner had not been given any notice or any opportunity of being heard before removal from the post of President. The petitioner’s counsel submits that Page No.# 3/3 the petitioner was not even aware that a No-Confidence Motion was being moved against the petitioner. He accordingly, submits that the same being in violation of the principles of natural justice, the impugned order dated 05.12.2024 should be set aside. 2. The petitioner’s counsel submits that though the petitioner had submitted a representation dated 09.12.2024 to the District Elementary Education Officer, Dhubri to allow him to continue as the President of the SMC, no decision has been taken on the petitioner’s representation till date. The petitioner’s counsel submits that the present writ petition can be disposed of, if liberty is given to the petitioner to file a fresh representation to the respondent No.3 against the impugned order dated 05.12.2024 and direct the concerned respondent No.3 to take a decision on the same within a specified time period. 3. Ms. S.Chutia, learned counsel for the respondent Nos. 1, 2 and 4 submits that she has got no objection to the prayer made by the petitioner. 4. In view of the consent of the parties, the petitioner is given the liberty to file a fresh representation to the respondent No. 3 along with a copy of the writ petition, against the impugned order dated 05.12.2024 The respondent No.3 shall thereafter take a decision on the petitioner’s representation within a further period of one month. It is also directed that the respondent No.3 shall take a decision, after giving an opportunity of hearing to the respondent Nos. 5 and 6. The decision taken be thereafter communicated to the writ petitioner. 5. The writ petition is accordingly disposed of. JUDGE Comparing Assistant