Gauhati High Court
Navarup High School And 9 Ors vs Page No.# 3/8 on 6 November, 2019
Author: N. Kotiswar Singh
Bench: N. Kotiswar Singh
Page No.# 1/8
GAHC010123832015
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 7042/2015
1:NAVARUP HIGH SCHOOL and 9 ORS
VILL. TELIA PATHAR, P.O. NA-ALI, PANIGAON, DIST- LAKHIMPUR, ASSAM,
REP. BY ITS HEADMASTER CUM SECY. SRI BHUPEN BARMAN, VILL.
TELIA PATHAR, P.O. NA- ALI, PANIGAON, P.S. PANIGAON, DIST-
LAKHIMPUR, ASSAM
2: RAJGARH SUNJULI HIGH SCHOOL
VILL. RAJGARH
P.O. DHARAMGARH VIA DHALPUR
P.S. BIHPURIA
DIST- LAKHIMPUR
ASSAM
REP. BY ITS HEAD MASTER SRI BAL BAHADUR KATHET CHETRY
3: CHANDRESWAR BORO BODO HIGH SCHOOL
VILL. MOHANPUR
P.O. DEKAPAM
SEMEN CHAPARI
DIST- DHEMAJI
ASSAM
REP. BY ITS HEADMASTER SRI DANSWRANG BRAHMA
4: LONIT PARIA TRIBAL HIGH SCHOOL
VILL. SAYANG PATIR GAON
P.O. MORAMUKH
P.S. NARAYANPUR
DIST- LAKHIMPUR
ASSAM
REP. BY ITS HEADMISTRESS MRS. RITAMONI PEGU
5: SIMALUGURI COLLEGIATE ADARSHA HIGH SCHOOL
VILL. SIMALUGURI
P.O. SIMALUGURI
P.S. BIHPURIA
Page No.# 2/8
DIST- LAKHIMPUR
ASSAM
REP. BY ITS HEADMASTER SHRI HEMEN GOGOI
6: RANEE NARAH HIGH SCHOOL
VILL. NAMONI DARGE
P.O. GEREKI
P.S. BAGINADI
DIST- LAKHIMPUR
ASSAM
REP. BY ITS HEADMASTER SHRI MUNINDRA KUMAR NARAH
7: KALI GAON BILLAM HIGH SCHOOL
KALI GAON
P.O. KALI GAON
P.S. GHILAMARA
DIST- LAKHIMPUR
ASSAM
REP. BY ITS HEAD MASTER SHRI GANESH NARAH
8: NA-ALI JANAJATI HIGH SCHOOL
VILL. NA-ALI
P.O. NA-ALI
P.S. PANIGAON
DIST- LAKHIMPUR
ASSAM
REP. BY ITS HEADMASTER
SHRI HEMANTA PEGU
9: CHOUDHURIR CHAR HIGH SCHOOL
VILL. GUTIPARA
PART-VI
P.O. CHOUDHURIR CHAR
P.S. BILASIPARA
DIST- DHUBRI
ASSAM
REP. BY ITS HEAD MASTER MR. SAHID ALI SHEIKH
10: BALIRCHAR HIGH SCHOOL
VILL. BALICHAR
P.O. NAYER ALGA
P.S. BILASIPARA
DIST- DHUBRI
ASSAM
REP. BY ITS HEADMASTER MR. DANIZ ALI AHME
VERSUS
Page No.# 3/8
1:THE STATE OF ASSAM AND 3 ORS
REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM,
SECONDARY EDUCATION DEPTT., DISPUR, GHY-6
2:THE SECY. TO THE GOVT. OF ASSAM
SECONDARY EDUCATION DEPTT.
DISPUR
GHY-6
3:THE DY. SECY. TO THE GOVT. OF ASSAM
EDUCATION SECO DEPTT.
DISPUR
GHY-6
4:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GHY-1
Advocate for the Petitioner : MR.T BARUAH
Advocate for the Respondent :
Linked Case : WP(C) 7040/2015
1:RAJOI HIGH SCHOOL and 7 ORS
RAJOI TEA ESTATE
P.O. RAJOI TINIALI
P.S. TEOK
DIST- JORHAT
ASSAM
REP. BY ITS HEADMASTER CUM SECY. SRI DILIP PHUKAN
VILL. PIRAKALA BAILUNGGAON
P.O. BAILUNG
P.S. TEOK
DIST- JORHAT
ASSAM
2: TURUNG GAON MOUT SHYAM HIGH SCHOOL
VILL. and P.O. DEOGHARIA
P.S. TITABAR
DIST- JORHAT
ASSAM
REP. BY ITS HEAD MASTER SHRI RATNESWAR GOGOI
Page No.# 4/8
3: JADAVPUR TEA GARDEN HIGH SCHOOL
JADAVPUR TEA GARDEN
P.O. SONAI
P.S. TEOK
DIST- JORHAT
ASSAM
REP. BY ITS HEAD MASTER SMTI. LOTIKA BORAH
4: DAHUTIA HIGH SCHOOL
VILL. DAHUTIA
P.O. NAKACHARI
P.S. MARIANI
DIST- JORHAT
ASSAM
REP. BY ITS HEADMASTER SRI KUSHAL HAZARIKA
5: CHARIGAON BHOJKHATI TRIBAL HIGH SCHOOL
VILL. CHARIGAON
P.O. BORMUKALI
P.S. POLIBAR
DIST- JORHAT
ASSAM
REP. BY ITS HEAD MASTER SHRI MADHURJYA DOLEY
6: MILANJYOTI HIGH SCHOOL
VILL. MAIVELIA CHAKIAL
P.O. NAGONIJAN
DIST- JORHAT
ASSAM
REP. BY ITS HEAD MASTER SHRI PRADIP CHANGMAI
7: BONAI KATARIKHAM HIGH SCHOOL
BONAIPATHAR
P.O. BONANI
P.S. TEOK
DIST- JORHAT
REP. BY ITS HEAD MASTER SHRI BIMAN DAS
8: BAGWAN KEROPARA HIGH SCHOOL
VILL. KATHABARI
P.O. CHECHAPANI
P.S. RANJULI
DIST- GOALPARA
ASSAM
REP. BY ITS HEAD MASTER- HAFIJUR RAHMAN
VERSUS
Page No.# 5/8
1:THE STATE OF ASSAM AND 3 ORS
REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM
SECONDARY EDUCATION DEPTT.
DISPUR
GHY-6
2:SECY. TO THE GOVT. OF ASSAM
SECONDARY EDUCATION DEPTT.
DISPUR
GHY-6
3:THE DY. SECY. TO THE GOVT. OF ASSAM
EDUCATION SECO DEPTT.
DISPUR
GHY-6
4:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GHY-19
Advocate for the Petitioner : MR.B BARUAH
Advocate for the Respondent : SC
SECONDARY EDUCATION
Linked Case : WP(C) 7038/2015
1:GAUTAM ROY MODEL HIGH SCHOOL and 8 ORS
REP. BY ITS HEADMASTER
MD. ISMAIL ALI LASKAR
VILL. and P.O.- SAHABAD
P.S.- LALA
DIST.- HAILAKANDI
ASSAM
PIN- 788163.
2: AMINERCHAR HIGH MADRASSA
REP. BY THE SUPERINTENDENT
MR. JURAN ALI AKAND
VILL.- AMINERCHAR
P.O.- A.M. CO. ROAD
DHUBRI
DIST.- DHUBRI
ASSAM
PIN- 783322.
Page No.# 6/8
3: JAI BHARALI HIGH SCHOOL
REP. BY ITS HEADMISTRESS
SMTI. GITA BHUYAN
VILL. and P.O.- SHILONY
P.S.- CHARIDUAR
DIST.- SONITPUR
ASSAM
PIN- 784101.
4: AGNIGARH VIDYAPITH
REP. BY ITS HEADMASTER MR. TILAK BORAH
VILL.- JOYMOTI PATHAR
P.O. and P.S.- TEZPUR
DIST.- SONITPUR
ASSAM
PIN- 784001.
5: O.P. KANAI HIGH SCHOOL
REP. BY ITS HEADMASTER
MR. GIBAN KATOWAL
VILL. and P.O.- NATUN SIRAJULI
P.S.- DHEKIAJULI
DIST.- SONITPUR
ASSAM
PIN- 784110.
6: DHIRAI MAJULI HIGH SCHOOL
REP. BY ITS HEADMASTER
MR. DEBA KANTA OJHA
VILL.- DHIRAI MAJULI
P.O.- GARUDOBA
P.S.- DHEKIAJULI
DIST.- SONITPUR
ASSAM
PIN- 784149.
7: SHILLONY HIGH SCHOOL
REP. BY ITS HEADMASTER
MR. BANSHI BHUYAN
VILL. and P.O.- SHILONY
P.S.- CHARIDUAR
DIST.- SONITPUR
ASSAM
PIN- 784101.
8: KOKILA HIGH SCHOOL
REP. BY ITS HEADMASTER
Page No.# 7/8
SRI HEMANTA MUDOI
VILL. 2 NO. NAHARANI
P.O.- KOKILA CHARIALI
DIST.- SONITPUR
ASSAM
PIN- 784168.
9: SINGIMARI GIRLS HIGH SCHOOL
REP. BY ITS HEADMISTRESS
SMTI. KALPANA BORAH
VILL.- RAJAGAON
P.O.- BORAPANI
P.S.- KACHUA
DIST.- NAGAON
ASSAM
PIN- 782450.
VERSUS
1:THE STATE OF ASSAM AND 3 ORS
REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM
EDUCATION SECONDARY DEPTT.
DISPUR
GHY- 6.
2:THE SECY. TO THE GOVT. OF ASSAM
SECONDARY EDUCATION DEPTT.
DISPUR
GHY- 6.
3:THE DY. SECY. TO THE GOVT. OF ASSAM
SECONDARY EDUCATION DEPTT.
DISPUR
GHY- 6.
4:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GHY- 19.
Advocate for the Petitioner : MR.D BARUAH
Advocate for the Respondent :
Page No.# 8/8
BEFORE
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
ORDER
Date : 06-11-2019 None appears for the petitioners on call. However, Mr. S.P. Bhattacharjee, learned Standing Counsel, Secondary Education Department, Government of Assam is present.
Matters pertain to grant of financial assistance to the petitioner Schools.
It has been submitted that the petitioner Schools are entitled to financial assistance and, in fact, sanction for financial assistance was accorded to the petitioner Schools in the year 2010-2011 but could not be pursued. However, claims for grant of financial assistance were discontinued in 2011-2012. Thereafter, a new scheme for financial incentive was introduced in the year 2012-2013 for those institutions which had been receiving financial aid during 2010-2011.
Under the new scheme, petitioner Schools though deserving were not granted financial assistance.
It has been stated that in respect of some other Schools, Government had allowed financial incentives during the year 2014-2015 pursuant to a direction issued in WP(C) Nos.4742/2012 and 3703/2012, etc. In view of above, present writ petitions are disposed of by directing the petitioners to approach the authorities to consider as to whether petitioners are similarly situated as those petitioners in the aforesaid writ petitions and if the present petitioners are found to be similarly situated, necessary orders may be passed for granting financial incentives if such scheme is still prevailing.
JUDGE Comparing Assistant