Gauhati High Court
Page No.# 1/7 vs The State Of Assam And 7 Ors on 3 April, 2023
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/7
GAHC010026302023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/728/2023
ADARSHA VIDYALAYA ABHIBHABAK SANTHA OF BARPETA DISTRICT
AND 20 ORS
REP. BY ITS PRESIDENT, PRADIP KUMAR DAS, AGED ABOUT 52 YEARS,
S/O- LT. DHANESWAR DAS, R/O- VILL- GANAKKUCHI PATHAR, P.O.
GANAKKUCHI, P.S. BARPETA, DIST. OF BARPETA, ASSAM, PIN- 781314
2: SAHIDUL ISLAM
SECRETARY
ADARSHA VIDYALAYA ABHIBHABAK SANTHA OF BARPETA DISTRICT
S/O- LT. SEKENDAR ALI
R/O- CHENGA MUSALMAN GAON
P.O. CHENGA
P.S. TARABARI
DIST.- BARPETA
ASSAM
PIN- 781305
3: RITU MONI DEKA
S/O- LT. KESHAB CHANDRA DEKA
R/O- JAIL ROAD (GANAKKUCHI PATHAR)
P.O. GANAKKUCHI PATHAR
P.S. BARPETA
DIST.- BARPETA
ASSAM
PIN- 781314
4: KAMAL MEDHI
S/O- LT. PRABIN CHANDRA MEDHI
R/O- VILL- BAHARI
P.O. NIZ BAHARI
P.S. TARABARI
DIST.- BARPETA
ASSAM
PIN- 781302
Page No.# 2/7
5: NASER UDDIN AHMED
S/O- LT. NURUL ISLAM
R/O- DANAKUCHI
P.O. SONKUCHI
P.S. BARPETA
DIST.- BARPETA
ASSAM
PIN- 781314
6: NILCHAN AHMED
S/O- LT. RAIZUDDIN
R/O- CHAKIRBHITHA
P.O. KHABLARBHITHA
P.S. BARPETA
DISTRICT- BARPETA
ASSAM
PIN- 781352
7: PRIYOTOMA DEVI
GANDHINAGAR W/NO.-15 00- BARPETA
P.S. BARPETA
PIN- 781301
8: RANJIT CHOUDHURY
KANARA SATRA W/N-21
P.O. GANAKKUCHI
P.S. BARPETA
PIN- 781314
9: KRISHNA DAS
JAIL ROAD
GANAKKUCHI W/N-21
P.O. GANAKKUCHI
P.S. BARPETA
PIN- 781314
10: HIRAN MONI DAS
GANAKKUCHI PATHAR W/N-21
P.O. GANAKKUCHI
P.S. BARPETA
PIN- 781314
11: SWAPNALI DAS
W/O- KARUNA DAS
R/O- VILL- BAMUNBARI
P.O. SARUTAPA
P.S. BARPETA
Page No.# 3/7
DIST.- BARPETA
PIN- 781352
12: MOMELA KHATUN
W/O- BABUL ALI
R/O- VILL- BHOWKAMARI
P.O. KAYAKUCHI
P.S. BARPETA
DIST.- BARPETA
PIN-781352
13: SADEK ALI AHMED
S/O- LT. FALU MIYA
R/O- VILL- BANBAHAR
P.O. KAYAKUCHI
P.S. BARPETA
DIST.- BARPETA
PIN-781352
14: JOMILA KHATUN
W/O- RABIUL ALI
R/O- VILL- BHOWKAMARI
P.O. KAYAKUCHI
P.S. BARPETA
DIST.- BARPETA
PIN-781352
15: PHUNU NATH
W/O- KARTIK NATH
R/O- VILL- FULARGURI
P.O. KAYAKUCHI
P.S. BARPETA
DIST.- BARPETA
PIN-7813552
16: ABDUL RAZZAK
S/O- DARBESH ALI
R/O- VILL- BHOWKAMARI
P.O. KAYAKUCHI
P.S. BARPETA
DIST.- BARPETA
PIN-781352
17: KALPANA DAS
W/O- KHAGENDRA NATH DAS
R/O- VILL- BAMUNBARI
P.O. SARUTAPA
P.S. BARPETA
Page No.# 4/7
DIST.- BARPETA
PIN-781352
18: NURUL ISLAM AHMED
R/O- VILL- DAMAJHAR
W.NO.9
P.S. AND DIST.- BARPETA
P.O. PALHAZI
PIN- 781309
19: ABDUL MALEK AHMED
R/O- VILL- BARUSHA
W.NO.9
P.S. AND DIST.- BARPETA
P.O. BHOGPUR
PIN- 781309
20: NAZRUL ISLAM
R/O- VILL- DAMAJHAR
W.NO.9
P.S. AND DIST.- BARPETA
P.O. PALHAZI
PIN- 781309
21: JEHERUL ALI
R/O- VILL- CHENGA
M-PARA
P.S. TARABARI
DIST.- BARPETA
P.O. CHAENGA
PIN- 78130
VERSUS
THE STATE OF ASSAM AND 7 ORS
REP. BY THE CHIEF SECRETARY TO THE GOVT.OF ASSAM, DISPUR, GHY-6
2:THE SECRETARY TO THE GOVT. OF ASSAM
DEPTT. OF SCHOOL EDUCATION
DISPUR
GHY-6
3:THE MANAGING DIRECTOR
ADARSHA VIDYALAYA SANGATHAN
ASSAM
OFFICE OF THE DIRECTOR OF TECHNICAL EDUCATION
ASSAM
KAHILIPARA
Page No.# 5/7
GHY-19
4:CENTRAL BOARD OF SECONDARY EDUCATION
SHIKSHA KENDRA
2
COMMUNITY CENTRE
PREET VIHAR
DELHI- 110092
5:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GHY-19
6:RASHTRIYA MADHYAMIK SIKSHA ABHIJAN (RMSA)
KAHILIPARA
GHY-19
7:THE DEPUTY COMMISSIONER AND CHAIRMAN
SMDC
ADARSHA VIDYALAYA
BARPETA DISTRICT
8:THE INSPECTOR OF SCHOOLS
BARPETA DISTRICT CIRCLE
BARPET
Advocate for the Petitioner : MR. S K DAS
Advocate for the Respondent : GA, ASSAM
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
03-04-2023 Heard Mr. S. K. Das, learned counsel for the petitioners and Mr. D. Saikia, learned Advocate General, Assam assisted by Ms. D. Das Barman, learned Government Advocate, Assam for the respondent Nos. 1 and 7. Also heard Mr. D. Saikia, learned Advocate General, Assam, assisted by Mr. SMT Chistie, learned Standing Counsel, Department of School Education for the respondent Nos.2, 3, 5, 6 and 8.
Page No.# 6/7 Matter pertains to decision of the Adarsha Vidyalaya Sangathan (AVS), Assam in its review meeting held on 17.07.2022 pertaining to imposition of a monthly fee of Rs.300/- per month on the students of all functional Adarsha Vidyalaya located in different educationally backward blocks of Assam from the Academic Session 2022-23 towards School Development Fee (SDF) of such Adarsha Vidyalayas under the said Sangathan vide order No.AVS/SDF/2022/01/315 dated 09.11.2022.
The petitioners submitted that the respondent AVS, Assam by imposing such fee of Rs. 300/- have violated the provisions of Right of Children to Free and Compulsory Education Act, 2009.
On the other hand, Mr. Saikia, learned AG, Assam submitted that the AVS is like the Kendriya Vidyalaya Sangathan and it has decided to impose a monthly fee of Rs.300/- for each students as SDF giving an exemption of such fees for students belonging to the economically most deprived families upto 20% of the students and such collection of fee towards the SDF is not in violation of any provisions of said 2009 Act.
Mr. Saikia, further submitted that the contention of the petitioner regarding imposition of fee of Rs.300/- p.m. is totally irrelevant as such fee is required to be collected only for School Development Fund. In that regard Mr. Saikia placed the following reasons for collection of School Development Fund as decided by the AVS as follows:--
"9. The SDF is to be utilized for I. Promoting healthy competition and development of scientific temperament amongst the students by organizing various scholastic and co-scholastic activities (both infra-school and inter-school/District & State Level) like debate, quiz, cultural functions, games and sports, yoga meditation and exhibitions. II. To engage additional tutors for the subjects of Music, Art & Craft, Dance, Physical Education and Yoga.
III. To organise training programmes in various subjects in collaboration with reputed Government and Non-Government Organizations/Institutions for Page No.# 7/7 capacity building of teachers.
IV. To organise Career Counseling programmes for students V. To arrange Health Camps for Teachers and Students and Staff VI. To organize Educational Field Trips/Tours and excursions for students VII. Maintenance and beautification of school campus including cleaning of Classrooms and Toilet Blocks VIII. Maintenance of school website publication of school magazine wall magazine and photo gallery IX. Basic Vocational and Skill Training for students."
Mr. Saikia, learned AG, Assam further submits that to bring all these facts by way of an affidavit, he needs some time.
On the other hand, Mr. Das, learned counsel representing the petitioners, whose children are studying in Adarsha Vidyalayas in the District of Barpeta submitted that as the amount of Rs.300/- p.m. have not been paid by most of the students, their results have been withheld and they could not take admission in the next higher Class for the Sessions 2023-24.
List on 25.04.2023.
Any such interim prayer of the petitioners for their wards and their promotion to the next higher class shall be considered on the next date.
JUDGE Comparing Assistant