Page No.# 1/16 GAHC010072222022 2026:GAU-AS:14373 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2616/2022 SAYED ALI SHEIKH S/O- LATE ABDUL JOBBAR BEPARI VILLAGE- GARAMARI PART-II, P.O- ALOMGANJ, DIST- DHUBRI, ASSAM, PIN-783301 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SECONDARY, EDUCATION DEPARTMENT, DISPUR, GUWAHATI- 781006, ASSAM 2:THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA MAIN ROAD GUWAHATI-19 ASSAM 3:THE DEPUTY COMMISSIONER P.O AND DISTRICT-DHUBRI ASSAM PIN-783301 4:THE INSPECTOR OF SCHOOLS DHUBRI P.O AND DISTRICT-DHUBRI ASSAM PIN-783301 5:THE HEAD MASTER F.A MEMORIAL HIGH SCHOOL ALOMGANJ Page No.# 2/16 VILLAGE AND P.O- ALOMGANJ DISTRICT-DHUBRI ASSAM PIN-783301 6:RIAZUL RAHMAN S/O- LATE ASIR UDDIN SK R/O- VILLAGE- DAMPUR PART-I P.O- ALOMGANJ DIST- KOKRAJHAR BTR ASSAM PIN-78333 Advocate for the Petitioner : MR. M DUTTA, MR. M ISLAM Advocate for the Respondent : SC, SEC. EDU., MR R KARIM (R5),MD. S ALOM (R-6),MS. A BEGUM (R-6),MR. M S ALAM (R-6),GA, ASSAM :::BEFORE::: HON’BLE MR. JUSTICE KARDAK ETE Date on which judgment is reserved : Date of pronouncement of judgment : 28.09.2026 Whether the pronouncement is of the operative of the judgment? : No Whether the full judgment has been pronounced? : Yes JUDGMENT & ORDER (ORAL) Heard Mr. M. Islam, learned counsel for the petitioner. Also heard Ms. H. Terangpi, learned Standing Counsel, Secondary Education Department, for Page No.# 3/16 respondent Nos. 1 & 2; Ms. K. Phukan, learned State Counsel for 3, 4 & 5; and Mr. T. J. Mahanta, learned Senior Counsel, assisted by Md. S. Alom, learned counsel for respondent No. 6. 2. This petition has been filed challenging the recommendation and appointment of one Shri Riazul Rahman, respondent No. 6 herein, as the President of the School Management Development Committee (in short, “SMDC”), of F.A. Memorial High School, Alomganj, in the district of Dhubri, Assam. The petitioner, particularly, challenges the recommendation dated 11.10.2021 and the consequential appointment order dated 29.03.2022 of respondent No. 6 as President of the said SMDC. 3. The petitioner is a retired Headmaster of F.A. Memorial High School, situated at Alomganj Part-II Village in the District of Dhubri. The Additional Director of Secondary Education, Government of Assam, vide letter dated 18.09.2021, directed the Inspector of Schools in the State of Assam to submit panels for the post of President/Vice President of the SMDC for reconstitution of the SMDC, which were to be submitted within 05.10.2021. Pursuant thereto, the Headmaster of F.A. Memorial High School issued a Circular dated 01.10.2021 inviting applications from the interested persons for appointment as President/Vice-President of SMDC. Responding to the said Circular, the petitioner applied for the post of President of the SMDC on 04.10.2021. The Headmaster of the said School forwarded the names of the petitioner and one other person for consideration for the posts of President and Vice-President on 05.10.2021. Thereafter, the Headmaster of the School, vide letter dated 11.10.2021, forwarded another panel constituting of 2 (two) more names to the Inspector of Page No.# 4/16 Schools, which included the name of respondent No. 6 for the post of President of the SMDC. Subsequently, the respondent authorities approved and appointed as many as 102 posts of President and Vice-President of the various schools, including the President and Vice-President of the SMDC of F.A. Memorial High School under the Dhubri District, vide notification dated 29.03.2022, whereby the respondent No. 6 was appointed as President of the said SMDC. 4. It is the case of the petitioner that initially the petitioner, along with one other person, was recommended for appointment by the Headmaster of the said School for the posts of President and Vice-President of SMDC within the prescribed period, i.e. on 05.10.2021. The Headmaster thereafter recommended the name of respondent No. 6 and one other person as President and Vice- President of the SMDC of the said School after expiry of last date of the submission of panel list. Pursuant to such recommendation, respondent No. 6 was appointed as President of the SMDC of said High School in violation of the notification dated 24.06.2016 (the guideline for selection and appointment of President and Vice-President of the SMDC) inasmuch as the respondent No. 6 is a resident of Kokrajhar District, whereas the said F.A. Memorial High School is situated at Alomganj in the District of Dhubri. 5. Mr. M. Islam, learned counsel for the petitioner, submits that the notification dated 24.06.2016 was issued with the object of improving the quality of schools. Since the earlier notification did not prescribe any criteria for selection of the President and Vice-President of the SMDC, including uniform qualifications, the notification dated 24.06.2016 was issued prescribing the criteria for such appointment. Referring to the relevant clauses of the said notification, he submits that the President and Vice-President of the SMDC Page No.# 5/16 should not be more than 65 years of age and should possess a qualification of not less than graduation in any discipline. It also provides that the President should be a local, educated and reputed citizen having no political career. Emphasising on the aforesaid provisions as regards the “local educated reputed citizen”, he submits that respondent No. 6, being a resident of Kokrajhar District, whereas the School is situated in Alomgang Village within the District of Dhubri, was not eligible to be recommended or appointed as President of the SMDC. Therefore, he submits that the recommendation and appointment of respondent No. 6 may be set aside and quashed as the same are in violation of the notification dated 24.06.2016. 6. H. Terangpi, learned Standing Counsel, Secondary Education Department, for respondent Nos. 1 & 2, on the other hand, submits that the respondent authorities issued a public notice dated 01.10.2021 inviting applications from the interested candidates for the posts of President and Vice-President of the SMDC of F.A. Memorial High School, which were to be submitted within 04.10.2021. Thereafter, vide letter dated 06.10.2021, the Director, Secondary Education, Government of Assam, has directed all the Inspectors of Schools to submit a final list of 4 (four) persons instead of 2 (two) persons within 11.10.2021, thereby extending the time for submission of the panel list. Initially, the Headmaster of the School had submitted a panel of two persons for the posts of President and Vice-President. In view of the subsequent letter dated 06.10.2021 extending the time for submission of the panel, the Headmaster accepted fresh applications and, accordingly, recommended the names of 2 (two) more candidates for the posts of President and Vice-President. The respondent authorities thereafter considered and approved the name of the respondent No. Page No.# 6/16 6 as President of SMDC of F.A. Memorial High School. Learned Standing Counsel submits that although respondent No. 6 is a resident of Village Dhampur Part-II in the District of Kokrajhar, Assam, the distance between F.A. Memorial High School, Alomganj, and the residence of respondent No. 6 is hardly 800 metres. Therefore, the selection of respondent No. 6 as President of the SMDC was made in accordance with the criteria prescribed under the notification dated 24.06.2016 and as such, there is no violation of the said notification. 7. Having submitted above, while referring to the additional affidavit filed on behalf of respondent No. 1 pursuant to the order dated 30.07.2025, Ms. Terangpi, learned Standing Counsel, submits that the expression “one local educated reputed citizen”, occurring in the notification dated 24.06.2016, is linked to the habitation, district and block to which the particular School belongs. Therefore, the expression is intended to mean a person who normally belongs to the area in which the School has been established and who is from the district under whose jurisdiction the School falls. 8. Mr. T. J. Mahanta, learned Senior Counsel for respondent No. 6, submits that F.A. Memorial High School is situated at Village Alomganj Part-II of Dhubri District, on the western side of National Highway-31. Though respondent No. 6 is a resident of Village Dampur Part-II, the said village is adjacent to the village where the School is situated and is also located on the western side of National Highway-31. He submits that the erstwhile villages of Alomganj Part-II, Dampur Part-I, Dampur Part-II and Geramari Part-I were under the district of Dhubri, but after the formation of Kokrajhar District, the village Dampur Part-II came under Kokrajhar District. The whole areas of western side of NH-31 is falls under Page No.# 7/16 Kokrajhar District except the said school which might have been done on the demand of district administration. The residence of respondent No. 6 is about 700 meters from the said F.A. Memorial High School. Moreover, the respondent No. 6 completed his schooling from the said F.A. Memorial High School in the year 2000, completed his graduation in the year 2013 and obtained a Master of Social Work degree in the year 2018. He submits that maximum students of the said School are from the nearby villages which falls within Kokrajhar District along National Highway-31. 9. Learned Senior Counsel further submits that the notification dated 24.06.2016 only requires the candidate to be a local resident and does not stipulate that the candidate for the post of President must belong to the same village or district in which the School is situated. Therefore, respondent No. 6, being a local resident of the area, although presently falling within a different district after bifurcation, is eligible to be appointed as President of the SMDC. He submits that by now the petitioner has crossed 65 years of age and therefore, he is no longer eligible for appointment as President of the SMDC, in view of the fact that for the post of President, one must not be more than 65 years of age. Consequently, no effective relief can be granted to the petitioner as he is no longer eligible. 10. I have considered the submissions of learned counsel for the parties and also perused the materials available on record. 11. The controversy essentially is with regard to the interpretation of the expression “one local educated and reputed citizen” prescribed for the post of Page No.# 8/16 President of SMDC of the Schools under the notification dated 24.06.2016, which regulates the selection and appointment of President and Vice-President of SMDC. Thus, it would be appropriate to consider the relevant provisions of the said notification, which are reproduced hereinbelow: “GOVERNMENT OF ASSAM OFFICE OF THE EDUCATION (SECONDARY) ASSAM DISPUR Notification No ASE 416/2014/116 Dated The 24th June 2016 The indicators of the education at Secondary level especially in Govt. schools in the state like enrolment, retention etc are not favorable and the National Achievement Survey of NCERT indicated poor performance of the students of Secondary schools. The enrolment of students in the Government managed schools are decreasing and the quality of Education imparted in these schools are also in question. The School Management & Development Committees (SMDCs) have a major role in improvement of quality in Secondary schools and many responsibilities have been delegated to the SMDCs like selection Principal/HM/ teachers, financial management etc, in addition to the powers & functions of the SMDC as narrated below. Since school level management is looked after by the School Management Development Committees (SMDCs), in view of reasons mentioned above there is a need of revamping of the SMDCs in all the Higher Secondary schools, Junior colleges, Secondary schools and High Madrasas. To achieve the desired result Government of Assam also laid emphasis on a non-political management committee in secondary schools. The Govt Notification issued vide No. PMA(S) 4/2010/pt/100 dated 6 August, 2014 does not laid down any criteria for selection of the President /Vice-President of the SMDC including uniform qualification etc. Many responsibilities have been delegated to Page No.# 9/16 the SMDCS like selection-Principal/HM/ teachers etc, in addition to the powers & functions of the SMDC as narrated below for which a certain qualification of the President Vice-President of the SMDC is required. Under the circumstances and to revamp the existing SMDCs, following criteria will be enforced to become a President/Vice President of the SMDC- 1. President & Vice-President of the SMDC should not be more than 65 years of age. 2. The qualification of the President & Vice-President of the SMDC should not be less than Graduation of any discipline. 3. The reputation of such persons should be beyond any doubt or suspicion and he should be a person of good reputation in the locality. Any person who is convicted for any offence can not be selected for these posts. 4. Any persons who have contested any election of Panchayat level / Parliament or Asscınbly Election in last 20 years should not be considered for the post of the President/Vice-President, even if he/she is fulfilled all other criteria as indicated above. In view of above criteria, the Governor is pleased to dissolve all School Management & Development Committees (SMDCs) of Junior Colleges/Higher Secondary schools/ High Schools/High Madrassas and constitute the new SMDCs with the composition and power & functions of the SMDC as follows- 1 One local educated, reputed citizen having no political career President 2 One local educated, reputed citizen having no political career Vice President 3 Principal/Head Master / Pradhan Adhvapak in case of Sanskrit Tols/Superintendent in case Member Secretary Page No.# 10/16 of Madrassas 4 Vice Principal/Asstt. Head Master (In case of non-availability of vice principal/Assistant Head Master, One senior teacher be nominated) Member 5 1 (One) Senior Teacher of English, Science, S. Science, Mathematics subjects to be nominated by the Principal/Head Master/ Pradhan Adhyapak/Superintendent as the case may be Member 6 1 (One) officer who has knowledge of computer technology for monitoring of ICT based Education to be nominated by the Inspector of Schools Member 7 Member, Local Anchalik Panchayat or Member of Block Development Committees in case of Autonomous Council districts Member 8 President of the Gaon Panchayat or Urban Local Body or Body or Chairman of Village Council Development Committees (VCDC) in case of BTAD districts. Member 9 5 (Five) Parents, of which at least two should Member Page No.# 11/16 be women with adequate representation from SC, ST, Minority community to be nominated/ selected in the first meeting of the SMDC 10 1 (One) Expert of the area from Computer literacy, Humanities and Art/Craf/Culture background to be nominated by the IS based on recommendation of President. Member Powers and Functions of SMDC- (1) The SMDC shall take necessary steps for overall growth and development of the school leading to conductive educational environment for academic excellence. The SMDC is also responsible for all the activities including collection of data under SEMIS, implementation, monitoring, evaluation and taking corrective / remedial actions on all the components and activities. (2) The SMDC shall be responsible for institutional development planning and render help for micro-planning, school mapping, academic planning and maintenance of school infrastructure and other facilities. (3) It shall pay special attention to the disabled, weaker sections, girls and out of school young persons, (4) It shall ensure that the school is functioning as per the Academic School Calendar circulated by the Govt. in respect of timings, duration and number of working days. (5) The SMDC shall select candidates for appointment of teaching and non- teaching staffs as per rules and procedures prescribed by the Government. (6) It shall review performance of teachers, supervise and monitor attendance and maintenance of the code of conduct and to recommend the authority for initiating disciplinary action in case of violation of norms/rules by any of the teaching and non-teaching staff. Page No.# 12/16 (7) It shall review the performance of each student by conducting evaluation and taking corrective/remedial action on all matters. (8) The President and Vice President of the SMDC may visit the school during working days and ensure maintenance of discipline in the school, the attendance of teachers and students and find out the reasons for cancellation of classes, if any and may raise the related matters in the next SMDC Meeting and suggest necessary action. (9) The SMDC shall generate a School Development Fund by collecting grants- in-aid from Govt., RMSA and any other sources including collection of subscriptions/donations etc. for development of the school infrastructure i.e. building, furniture, drinking water and sanitary facilities, electricity etc, and to maintain Bank accounts in any nearest Scheduled Bank which should be operated jointly by the President and the Member-Secretary. But no fee shall be levied from the students covered under exemption from such payment in accordance with the rules in force and to be framed from time to time. (10) The School fund shall be subject to audit by internal/ departmental officers at any time and the SMDC shall be responsible for submission of annual accounts at the end of each financial year without which no further grants shall be permissible. The SMDC shall verify the stock of assets periodically. The Stock Register should be verified with physical existence once in a year. (11) The SMDC shall approve the Annual Report of the school to be prepared by the Member-Secretary and it should be published in the School Magazine to be published annually together with the audited report of the preceding financial year. (12) The SMDC shall be accountable and responsible for the development of the school and maintenance of accounts of all expenditure both recurring and non-recurring. (13) The SMDC shall initiate steps to foster community participation for development of the school, enhancement of enrolment of the students, reduce dropout and improvement of results. (14) The SMDC shall ensure that the popularity of the school does not suffer from any preventable causes. (15) The SMDC may constitute a Parent-Teacher Association (PTA) as per guidelines issued by the Government or RMSA. (16) The SMDC shall be responsible for providing potable drinking water to the students. Page No.# 13/16 (17) The SMDC shall be responsible for maintenance of clean & hygienic condition in the school. The SMDC will have to take help of local bodies for maintenance of Toilets of the school. A proper coordination has to be done. Selection process of President and Vice-President of SMDC- The Inspector of Schools after consultation with the Principal/Head Master and local people will forward 2 names to the Director, Secondary Education, Assam for each President and Vice-President with the recommendation of the Deputy Commissioner within a period of 30 days. After considering the names Director, Secondary Education, Assam will provide the list to the Government with his comment for selecting single name after comparing data of both the candidates and then Government will approve the Committee. The other terms & conditions including grounds of dissolution of SMDCs shall remain the same as mentioned in the Government notification No PMA(s)4/2010/pt/100 dt 6th August 2014 & ASE 416/2014/pt/7 dated the 29th December 2014. Director Secondary Education Assam The Inspector of Schools Principals, Headmasters/Head mistress are hereby requested to complete the process of reconstitution of SMDCs within one month (RC JAIN IAS) Secretary Education (Secondary) department DISPUR” 12. A bare perusal of the aforesaid notification shows that in order to streamline and revamp the existing SMDCs in the State, a criteria for selection of the President and Vice-President of the SMDC, including uniform qualifications, have been prescribed. The notification, inter alia, provides that the President and Vice-President of the SMDC should not be more than 65 years of age and should possess a qualification of not less than graduation in any discipline. It further provides that for the post of President, the candidate must Page No.# 14/16 be a “local educated and reputed citizen having no political career”. The notification further provides that the Inspector of Schools, after consultation with the Principal/Head Master and local people, shall forward the names of candidates to the Director, Secondary Education, Assam, for consideration, followed by the recommendation of the Deputy Commissioner. The Director is thereafter required to consider the names and forward the list to the Government with his comments for selection of a single candidate. Thus, for appointment as President of the SMDC, the candidate must satisfy the requirement of being a “local educated and reputed citizen.” 13. In the present case, the petitioner is a retired Headmaster of the said F.A. Memorial High School and is a resident of Geramari Part-II Village, which is adjacent to Alomganj Part-II Village in the District of Dhubri, where the said School is situated. Insofar as the requirement of being a local educated and reputed citizen and the prescribed educational qualification are concerned, the petitioner satisfies the eligibility criteria for consideration for the post of President of the SMDC. However, by efflux of time, the petitioner has crossed the age of 65 years and therefore, is no longer eligible for appointment to the said post. 14. On the other hand, it is not in dispute that respondent No. 6 is a resident of Kokrajhar District, although his residence is geographically situated close to Alomganj Village in Dhubri District, where F.A. Memorial High School is situated. 15. Although it is strenuously urged by the learned Senior Counsel appearing for respondent No. 6 that the two districts are separated by National Highway- Page No.# 15/16 31; that respondent No. 6 resides in a village adjacent to the village where the said School is situated; and that a substantial number of students of the School come from nearby villages falling within the two districts, and therefore, respondent No. 6 is also a local educated and reputed citizen within the meaning of the notification dated 24.06.2016, the said submission cannot be accepted. Admittedly, the village in which respondent No. 6 resides falls within Kokrajhar District, whereas F.A. Memorial High School is situated at Alamganj Part-II under Dhubri District. The mere geographical proximity of the two villages, or the fact that students of the School may come from nearby villages falling within both districts, cannot alter the respective administrative jurisdiction of the School and the residence of respondent No. 6. Consequently, respondent No. 6, being a resident of a different district, cannot be regarded as a local citizen of the district in which the said School is situated as required under the Notification dated 24.06.2016. 16. This interpretation also finds support from the stand taken by the respondent authorities themselves, who have stated that the expression “local educated and reputed citizen” is linked to the habitation, district and block to which the particular School belongs. The requirement of being “local” must, therefore, be understood with reference to the locality and the administrative jurisdiction in which the particular School is situated. The fact that the School may have students from neighbouring villages falling within another district is an altogether different consideration and has no bearing on the requirement of a candidate being a local citizen for the purpose of appointment as President of the SMDC. Thus, for the purpose of the notification dated 24.06.2016, a person to be considered for appointment as President must have the requisite local Page No.# 16/16 connection with the habitation in which the School is situated and must be a resident of the district under whose jurisdiction the School falls. 17. In view of the foregoing discussion, I am of the considered view that the selection and appointment of the respondent No. 6 as President of the SMDC of F.A. Memorial High School has been made in violation of notification dated 24.06.2016 as the respondent No. 6 is belongs to a different district of Kokrajhar, whereas the said school falls under the jurisdiction of Dhubri district. Accordingly, the recommendation dated 11.10.2021 and appointment dated 29.03.2022 of the respondent No. 6 as President of the SMDC of the said School are hereby interfered with and set aside. 18. However, as the petitioner has, by now, crossed the prescribed age of 65 years, he would not be eligible for appointment to the said post. The respondent authorities are, therefore, directed to undertake the process for appointment of the President of the SMDC of F.A. Memorial High School afresh, in accordance with the observations made hereinabove and the criteria prescribed under the notification dated 24.06.2016. 19. Writ petition stands disposed of in the above terms. JUDGE Comparing Assistant