Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/5 GAHC010063032024
2025:GAU-AS:6531
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1795/2024 MD. FARIJ UDDIN S/O- MD. ABDUL MAZID, VILL- BAMUNGAON, P.O.- TINIALI BAZAR, P.S.- LANKA, DIST.- HOJAI, ASSAM. VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE SECRETARY, GOVT. OF ASSAM, SCHOOL EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE ADDITIONAL DISTRICT COMMISSIONER (EDUCATION)-CUM-DMC HOJAI SANKARDEV NAGAR DIST.- HOJAI ASSAM. 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER NAGAON DIST.-NAGAON ASSAM. 5:THE BLOCK ELEMENTARY EDUCATION OFFICER
Page No.# 2/5 LANKA DIST.- HOJAI ASSAM. 6:RUKIA KHATUN HEADMISTRESS-CUM-SECRETARY SCHOOL MANAGING COMMITTEE UDALI TINIALI BAZAR L.P. SCHOOL VILL. AND P.O.- TINIALI BAZAR P.S.- LANKA DIST.- HOJAI ASSAM PIN- 782446. 7:KAPIL HUSSAIN TALUKDAR S/O- JAMIR ALI VILL.- BORDOLOI PATHAR P.O.- TINIALI BAZAR DIST.- HOJAI ASSAM PIN- 782446 Advocate for the Petitioner : MR. S Z RAHMAN, MR. N I KHAN,MR E AHMED Advocate for the Respondent : SC, ELEM. EDU, FOR CAVEATOR,MR. JUNM LASKAR Linked Case : WP(C)/2327/2025 KAPIL HUSSAIN TALUKDAR S/O-JAMIR ALI R/O-VILL-BORDOLOI PATHAR P.O-TINALI BAZAR DIST-HOJAI ASSAM VERSUS THE STATE OF ASSAM AND ORS THROUGH THE SECRETARY TO THE GOVT. OF ASSAM SCHOOL EDUCATION DEPTT. DISPUR
Page No.# 3/5 GUWAHATI-781006 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 3:THE ADDITIONAL DISTRICT COMMISSIONER EDUCATION CUM DMC HOJAI SANKARDEV NAGAR DIST-HOJAI ASSAM-782435 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER HOJAI P.O AND DIST-HOJAI ASSAM-782435 5:THE BLOCK ELEMENTARY EDUCATION OFFICER LANKA EDUCATION BLOCK DIST-HOJAI ASSAM-782435 ------------ Advocate for : MR. JUNM LASKAR Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND ORS
BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 23.05.2025
1. Heard Mr. E. Ahmed, learned counsel for the petitioner in WP(C) No. 1795/2024 and Mr. R. Majumdar, learned counsel for the petitioner in WP(C) No. 2327/2025. 2. The petitioner in WP(C) No. 1795/2024 is aggrieved with the
Page No.# 4/5 Communication dated 29.01.2024 whereby approval was given by the District Elementary Education Officer, Nagaon, Assam to the resolution passed by the General Meeting of parents/guardians of the students/teachers held on 04.11.2023 of the SMC for Udali Tiniali Bazar L.P. School. 3.
The petitioner in WP(C) No. 2327/2025 has filed the writ petition praying for a direction to the Block Elementary Education Officer, Lanka Education Block for allowing the newly constituted School Managing Committee headed by the petitioner in terms of the Resolution dated 04.11.2023, which has been approved by the Communication dated 10.04.2025 issued by the In-charge, District Elementary Education Officer, Hojai. 4. Mr. E. Ahmed, learned counsel for the petitioner in WP(C) No. 1795/2024 has produced an Order dated 20.05.2025 issued by the District Elementary Education Officer, Hojai, Assam wherein it is stated that as there are loopholes in the process of conducting General Meetings dated 30.11.2023 and 04.11.2023, the District Elementary Education Officer, Hojai has cancelled the Letter dated 10.04.2025 with immediate effect with a further direction to the Head Teacher of the said school to convene for General Meeting immediately preferably within 30 (thirty) days. 5. Learned counsel for the petitioner in WP(C) No. 1795/2024, accordingly, submits that in view of the Order dated 20.05.2025, the writ petition has become infructuous. 6. Mr. R. Majumdar, learned counsel for the petitioner in WP(C) No. 2327/2025, submits that in view of the Order dated 20.05.2025 issued by the District Elementary Education Officer, Hojai, the writ petition may be closed, however, giving the petitioner liberty to challenge the Order dated 20.05.2025. 7. Recording the statements made by the learned counsel appearing for the
Page No.# 5/5 petitioners in both the writ petitions, both the writ petitions are accordingly closed, however, giving liberty to the petitioner in WP(C) No. 2327/2025 to approach the appropriate forum, if aggrieved by the Order dated 20.05.2025. 8. The Order dated 20.05.2025 is placed on record. JUDGE Comparing Assistant