Gauhati High Court
Bijoya Barman vs The State Of Assam And 5 Ors on 31 May, 2019
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/3
GAHC010121042019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 3593/2019
1:BIJOYA BARMAN
W/O- LATE ARUN KUMAR BARMAN, VILL-MOINABOND, P.O- GOSSAIPUR
PT III AND P.S- UDHARBOND, DIST- CACHAR, PIN- 788030
VERSUS
1:THE STATE OF ASSAM AND 5 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM,
EDUCATION (ELEMENTARY) DEPTT, DISPUR, GUWAHATI- 781006
2:THE DIRECTOR OF ELEMENTARY EDUCATION
KAHILIPARA
GUWAHATI- 19
3:THE DISTRICT ELEMENTARY EDUCATION OFFICER
CACHAR
SILCHAR
DIST- 788001
4:THE BLOCK ELEMENTARY EDUCATION OFFICER
UDHARBOND
CACHAR
DIST- 788030
5:DEPUTY INSPECTOR OF SCHOOLS
CACHAR
SILCHAR
DIST- 788001
6:HEAD TEACHER
MOINARBOND LP SCHOOL
GOSSAIPUR PT-III
UDHARBOND
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CACHAR
DIST
PIN- 78803
Advocate for the Petitioner : MR. P K R CHOUDHURY
Advocate for the Respondent : SC, ELEM. EDU
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
Date : 31-05-2019 Heard Mr. P. K. Roy Choudhury, learned counsel for the petitioner and Mr. S. P. Bhattacharjee, learned Standing Counsel, Elementary Education Department for the respondent Nos. 1 to 5.
Under the scheme of Siksa Khetro of the State Government in the Secondary and Elementary Education Department, Moinarbond Lower Primary School, a Bengali medium school, under Udharbond Education Block of Cachar district, that was provincialized under the provisions of Assam Venture Educational Institution (Provincialization of Services) Act, 2011 during its force, was amalgamated with the Bahadurpur Government Junior Basic School, a Manipuri Government Lower Primary School in the same Education Block of Udharbond of Cachar district, by an order of the State Government in the Elementary Education Department under No. PMA.685/2017/456 dated 19.12.2017, wherein the petitioner is the Headmistress.
However, by a subsequent order dated 22.11.2018 under No. PMA.685/2017, the State Government in the Elementary Education Department, changed the base school as Moinarbond L.P. School instead of Bahadurpur Government Junior Basic School.
Being aggrieved, the petitioner, Headmistress of the said Government Junior Basic School for herself as well as representing the SMC of the school, preferred this writ petition for a direction to the State respondents to set aside the said Government order dated 22.11.2018 (Annexure-4 to the writ petition).
The petitioner has also filed a representation before the Director of Elementary Education, Assam on 26.12.2018, so as to cancel the said Government order dated 22.11.2018, which is still pending for disposal.
The Office Memorandum under No. PMA.717/2016/214 dated 31.07.2017 of the State Government in the Elementary Education Department relates to Siksha Khetra, a scheme for amalgamation and merger of different schools, wherein it is specifically provided that for any dispute Page No.# 3/3 arising out of the order of such amalgamation, the aggrieved institution may prefer application before the Government in the Secondary and Elementary Education Department as the case may be. Later, the said Government Office Memorandum dated 31.07.2017 was modified vide Notification No. PMA.685/2017/456 dated 19.12.2017, wherein it is stipulated that any dispute with regard to said OM dated 31.07.2017 as well as existing Government Rules and procedures, the same shall be brought to the notice of the Director of Elementary Education, Assam, for adjudication.
The petitioner, by its representation dated 26.12.2018 (Annexure-5 to the writ petition) has already brought to the notice of the DEE, Assam regarding objections and disputes raised by the petitioner's school, pertaining to the change of the base school from Bahadurpur Government Junior Basic School to Moinarbond L.P. School, which is yet to be considered by the respondent authority in the Elementary Education Department.
Considering the above, this writ petition is disposed of at the motion stage itself directing the Director of Elementary Education, Assam, respondent No. 2 and the Commissioner & Secretary, Government of Assam in the Elementary Education Department, respondent No. 1, to consider the said representation of the petitioner dated 26.12.2018 and the respondent No. 1 is directed to pass a reasoned order while disposing of the said representation. The entire exercise shall be completed by the respondent Nos. 1 & 2 on or before 31.07.2019 and the respondent No. 1 shall communicate the petitioner about the outcome of the said representation.
Till such disposal of the representation of the petitioner dated 26.12.2018, the respondent Nos. 1 & 2 in the Elementary Education Department shall not give effect to the impugned Notification dated 22.11.2018 (Annexure-4 to the writ petition) pertaining to the petitioner's school, if the memorandum has not given any effect to it.
The petitioner shall submit a certified copy of this order along with the copies of this writ petition including the Annexures appended thereto before the Director of Elementary Education, Assam on or before 07.06.2019 and shall obtain necessary acknowledgement from the said authority in that regard.
With the aforesaid observations and directions, this writ petition is disposed of.
JUDGE Comparing Assistant