Page No.# 1/5 GAHC010262162025 2026:GAU-AS:6843 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6912/2025 AJGAR ALI S/O- LATE KHALIL HOQUE, R/O.VILL.-NO. 4 BARUAJHAR, P.O. BESIMARI, P.S. DALGAON, DIST.-DARRANG, ASSAM. PIN. NO. 784514 VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, EDUCATION DEPARTMENT (ELEMENTARY), DISPUR, GUWAHATI - 06 2:STRUCK OFF IN COMPLIANCE WITH THE HONORABLE HIGH COURT'S ORDER DATED 10.12.2025 PASSED IN THE INSTANT CASE. 3:THE ADDL. DISTRICT COMMISSIONER IN-CHARGE OF EDUCATION DARRANG MANGOLDOI ASSAM PIN-784125. 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER DARRANG MANGOLDOI ASSAM PIN -784125 5:THE BLOCK ELEMENTARY EDUCATION OFFICER DALGAON EDUCATION BLOCK P.O. DALGAON P.S. DALGAON DIST. DARRANG Page No.# 2/5 ASSAM PIN NO. 784125 6:THE HEAD MASTER CUM MEMBER SECRETARY OF NO 4 BARUAJHAR M.E. SCHOOL P.O. BESIMARI P.S. DALGAON DIST. DARRANG ASSAM PIN -784125 7:THE SCHOOL MANAGEMENT COMMITTEE OF NO. 4 BARUAJHAR M.E. SCHOOL REPRESENTED BY SAIFUL ISLAM THE PRESIDENT OF THE SMC OF NO. 4 BARUAJHAR M.E. SCHOOL. P.O. BESIMARI P.S. DALGAON DIST. DARRANG ASSAM. PIN NO.784125. 8:SAIFUL ISLAM S/O MOHD. OFETULLAH VILL.-NO.4 BARUAJHAR P.O. BESIMARI P.S.- DALGAON DIST.-DARRANG ASSAM. PIN-78412 Advocate for the Petitioner : MR. M U MAHMUD, MR. A A HAZARIKA,MRS. M SAIKIA,MR S H MAHMUD Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU,SC, SSA BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 18.05.2026 Heard Mr. M. U. Mahmud, the learned counsel for the petitioner. Also heard Mr. P. Saikia, the learned State Government Counsel. Page No.# 3/5 2. By the instant application under Article 226 of the Constitution of India, the petitioner has prayed that resolution dated 30.11.2025, as well as the approval order dated 16.10.2025, be declared as illegal. 3. The case of the petitioner is that the school management committee of No. 4 Baruajhar M.E. School was not constituted as per law. The learned counsel for the petitioner states that a general meeting was called on 22.03.2025 and the same was postponed and the said meeting was held on 30.08.2025 and in the said meeting a resolution was passed resolving that the school management committee of the said school would be constituted with the members mentioned in the said resolution. 4. The learned counsel for the petitioner states that the said resolution was adopted not in the office and the same was passed by the sitting in the Headmaster’s house. 5. The learned counsel for the petitioner submits that the constitution of the school management committee was in violation of Rule 13 (3) of the Assam Right of Child to Free and Compulsory Education Rules, 2011. 6. Mr. Mahmud, has also placed an approval order passed by the District Elementary Education Officer in respect of the school management committee and he submits that the same authority had written to the Block Elementary Education Officer Dalgaon for enquiry into the complaint petition filed by one, Mr. Ajgar Ali and 74 others against the formation of the new school management committee. 7. Aggrieved by the formation of the said committee, the petitioner along Page No.# 4/5 with others had submitted a representation to the District Elementary Education Officer on 25.10.2025, wherein, it was stated that without holding the proper general meeting few individuals in collusion with each other had formed the committee. 8. It is also stated by Mr. Mahmud, that the said representation was forwarded by the District Elementary Education Officer to the Block Elementary Education Officer by its letter dated 01.11.2025. However, he submits that no report has been furnished by the Block Elementary Education Officer, Dalgaon in pursuance to the said letter as well as the representation. 9. Mr. P. Saikia, the learned Government Advocate, however, submits that there was a proper general meeting held for the formation of the school management committee on 30.08.2025 and the committee was constituted by resolution adopted in the said meeting and that subsequently, approval was also granted by the District Elementary Education Officer on 16.10.2025. He submits that the complaint petition by the petitioners and others had no legs to stand and the school committee was formed in a proper manner. 10. However, it is seen that the District Elementary Education Officer had approved the school management committee formed with the members mentioned therein in the letter dated 16.11.2025 and the same authority had forwarded the representation of the petitioner to the Block Elementary Education Officer and requested the said officer to make an enquiry and submit the report to him. 11. As such this court finds it fit to direct the authorities in the Office of Page No.# 5/5 District Elementary Education Office to dispose of the representation filed by the parents of the students including the petitioner and passed a speaking order showing, therein as to the validity/invalidity of the new school management committee formed on 30.08.2025. The said representation should be disposed of within a period of 2 months from the date of receipt of this order. The petitioner is also left in its liberty to file a fresh representation along with the copy of this order before the Authority of the Elementary Education Department as soon as possible. 12. It is also suggested that the enquiry may be done by an independent authority as decided by the Elementary Education Department. 13. The writ petition is accordingly disposed of. JUDGE Comparing Assistant