Gauhati High Court
Juenara Begum vs The State Of Assam And 6 Ors on 22 January, 2021
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
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GAHC010009702021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/261/2021
JUENARA BEGUM
W/O- MOKIBUR RAHMAN, VILL- BOWALGURI, P.O. GROIMARI, DIST.-
MORIGAON, ASSAM
VERSUS
THE STATE OF ASSAM AND 6 ORS
TO BE REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM,
EDUCATION ELEMENTARY DEPTT., DISPUR, GHY-6
2:THE DIRECTOR
ELEMENTARY EDUCATION ASSAM
KAHILIPARA
GHY-19
3:THE DISTRICT ELEMENTARY EDUCATION OFFICER
DIST.- MORIGAON ASSAM
4:THE BLOCK ELEMENTARY EDUCATION OFFICER
LAHRIGHAT EDUCATION BLOCK
DIST.- MORIGAON ASSAM
5:THE HEAD MUDARIS BOWALGURI PRE-SENIOR MADRASSA
VILL- BOWALGURI P.O. GROIMARI
DIST.- MORIGAON ASSAM
6:ABDUL QAYUM AL AMAN
S/O- MD. ARAJ ALI
VILL- BOWALGURI
P.O. GOROIMARI
DIST.- MORIGAON
ASSAM PIN- 782104
7:SAHIDULLAH FARUQI
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S/O- LT. ABDUR RASHID
VILL- BOWALGURI
P.O. GOROIMARI
DIST.- MORIGAON
ASSAM PIN- 78210
Advocate for the Petitioner : MR A R BHUYAN
Advocate for the Respondent : SC, ELEM. EDU
BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 22.01.2021 Heard Mr. A.R. Bhuyan, learned counsel appearing for the petitioner and Mr. B. Kaushik, learned Standing Counsel, Elementary Education for respondent Nos. 1 to 4.
2. Petitioner is the guardian of a student studying in Bowalguri Pre-Senior Madrassa under Lahorighat Education Block of Morigaon District.
3. Matter pertains to constitution of the Management Committee of said Bowalguri Pre- Senior Madrassa. The provisions of Rule 13 of the Assam Right of Children to Free and Compulsory Education Rules, 2011 framed under the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (for short, '2009 Act') relates to Composition and Functions of the School Management Committee, as provided under Section 21 of the said 2009 Act.
4. The State Government in the Elementary Education Department vide No. PMA.627/2010/Pt./149 dated 03.08.2011 issued necessary guidelines for constitution of the School Management Committee in the Government/ Provincialised Elementary schools of the State which includes Lower primary (L.P.), Upper Primary (U.P.) and M.E. Madrassa etc.
5. The petitioner contended that on 09.12.2020 in a general meeting held for the purpose of constitution of the Management Committee of said Bowalguri Pre-Senior Madrassa, the names of the petitioner and respondent No.7 were proposed for the office of Page No.# 3/4 the President of the Management Committee of said Pre-Senior Madrassa, but no conscientious decision could be arrived at and, therefore, the said meeting was dissolved with the resolution to hold another meeting for election of the President. However, the respondent No.6, who presided over the said meeting held on 09.12.2020, on his own prepared a purported proceeding of the meeting recommending respondent No.7 as the President of the Management Committee of said Bowalguri Pre-Senior Madrassa and is coercing the respondent No.5, Head Mudaris of said Bowalguri Pre-Senior Madrassa to forward the same to the concerned departmental authorities for its approval.
6. Being aggrieved with such action of the respondent No.6 and with the apprehension that the School Management Committee of said Bowalguri Pre-Senior Madrassa is going to be constituted without following the provisions of Section 13 of said 2011 Rules noted above as well as the guidelines of the State Government in the Elementary Education Department dated 03.08.2011, the petitioner has preferred this writ petition.
7. After hearing the learned counsels for the parties and considering the entire aspects of the matter, this writ petition is disposed of with the observation that the District Elementary Education Officer, Morigaon, only after proper scrutiny/enquiry as to whether the School Management Committee of said Bowalguri Pre-Senior Madrassa under Lahorighat Education Block of Morigaon District has been constituted as per the provisions of the said 2011 Rules and the Guidelines of the State Government in the Elementary Education Department dated 03.08.2011 noted above, shall give its approval regarding constitution of the School Management Committee of the Madrassa involved in this case.
8. Petitioner shall furnish a certified copy of this order before the District Elementary Education Officer, Morigaon as well as the Block Elementary Education Officer, Lahorighat Education Block of Morigaon District and shall obtain necessary acknowledgement from them in that regard.
JUDGE Page No.# 4/4 Comparing Assistant