Page No.# 1/5 GAHC010135972024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3493/2024 TALEBAR RAHMAN S/O LATE ABDUR RASHID AHMED, R/O VILL- JADAVPUR, P.O.- CHAKABOUSHI, P.S.-BAGHBAR, DIST-BARPETA, ASSAM, PIN-781308 VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI-6 2:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:THE DISTRICT COMMISSIONER BARPETA DIST- BARPETA PIN-781301 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER BARPETA DIST- BARPETA PIN-781301 5:THE BLOCK ELEMENTARY EDUCATION OFFICER MANDIA DIST- BARPETA PIN-781308 6:THE MEMBER SECRETARY SCHOOL MANAGEMENT COMMITTEE Page No.# 2/5 REPRESENTED BY HEAD MASTER OF JADAV PUR M.E.M. SCHOOL P.O.-CHAKABOUSHI P.S.-BAGHBAR DIST- BARPETA ASSAM PIN-781308 7:ABDUL MALEK THE HEAD MASTER OF JADAV PUR M.E.M. SCHOOL P.O.-CHAKABOUSHI P.S.-BAGHBAR DIST- BARPETA ASSAM PIN-781308 8:AKLIMA KHATUN PRESENT PRESIDENT OF JADAV PUR M.E.M. SCHOOL P.O.-CHAKABOUSHI P.S.-BAGHBAR DIST- BARPETA ASSAM PIN-78130 Advocate for the Petitioner : G UDDIN, P ADHIKARI,MR A K AZAD Advocate for the Respondent : SC, ELEM. EDU, MR S.K. KASHYAP (R-8),MR G DAS (R-8),B KRISHNA (R-8),MR. M K SARMA (R-8),GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 30.09.2026 Heard Mr. A.K. Azad, learned counsel for the petitioner. 2. This writ petition is filed by the petitioner assailing the order dated 24.06.2024 by which the private respondent No. 8 was shown to be elected as the President of the SMC of the Jadav Pur M.E.M School, P.O. Chakaboushi, P.S Baghbar District: Barpeta. According to the petitioner, pursuant to an earlier decision taken by the General Body Meeting, the writ petitioner was elected as Page No.# 3/5 the President and his approval was granted by order dated 22.12.2023 whereby the petitioner’s nomination as the President of the School Management Committee by the General Body meeting which was held on 10.10.2023 stood approved for the said school. 3. It is the submission of the petitioner that thereafter, certain complaints were filed by the Headmaster against the writ petitioner making some allegations against the petitioner including unauthorized withdrawal of money and expenses. Pursuant thereto, another General Body meeting was held, notices were issued by the Headmaster and thereafter the General meeting of the parents and guardians was held on 10.10.2023 and the writ petitioner was removed and in his place, the respondent No. 8 was nominated as the President. This order was approved by the impugned order dated 24.06.2024. According to the writ petitioner, these allegations are false and concocted and with no iota of evidence which were solely directed against the petitioner by the Headmaster which is respondent No. 7. The further submission is that the notices for the meetings were shown to have been held by issuance of notices which were never served on the writ petitioner. He further submits that a representation was filed before the Block Elementary Education Officer however the same remained unaddressed. Being aggrieved, the present writ petition has been filed. 4. Ms. S Chutia, learned Standing Counsel, Elementary Education and Mr. M.K Sharma, learned counsel appears for the respondents No 6, 7 & 8 submit that that contention raised by the petitioner is incorrect because of allegations being there. The school management committee’s members comprising of parents and teachers decided to hold a separate meeting for seeking removal of the writ petitioner as the President. Notices were accordingly issued, however Page No.# 4/5 the writ petitioner, purposefully did not accept the notices and has now contended before the Court that the same was never served. 5. In any view of the matter, the tenure of the School Management Committee is likely to be over in December, 2026. The learned counsel for the Elementary Education Submits that the records are available which show that the proper notices were issued however the original peon book is not available although copies thereof are seen to be enclosed to the affidavit. 6. Having heard the learned counsel for the parties, the only grievance of the writ petitioner is that the meetings were held without proper notice to the petitioner and the impugned order was passed without giving him an opportunity of being heard. From the submissions made before this Court it appears that the records are available with the department. Considering the same and taking into consideration, the terms of the concerned SMC of the Jadav Pur M.E.M School tenure is scheduled to be over in December, 2026, this Court considers it appropriate to relegate the matters back to the BEEO of Barpeta District to examine the grievances of the petitioner and call for all necessary records from the School and after hearing all the stakeholders including respondents No. 6 ,7 & 8, the matter be expeditiously decided as to whether the removal of the present writ petitioner was done as per the procedure of law. If it is found that the removal was done without giving proper opportunity to the writ petitioner then the impugned order shall be called and the petitioner shall be reinstated. 7. Let this order be passed by the BEEO, Barpeta within a period of 15 days from the date of receipt of the certified copy of this order. Needless to say, any orders that is passed copies thereof shall be served on the writ petitioner as well as the other stakeholders. Page No.# 5/5 8. With the above observation, the writ petition stands disposed of. JUDGE Comparing Assistant