NURUZZAMAN HAQUE Vs. STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) Under challenge is the process of reconstitution of the School Managing Committee ('SMC') of Mahishkuti Pre-senior Madrassa of village Bhakhuradia in the District of Kamrup. The petitioner had been the President of the dissolved Managing Committee. The respondent No. 5 herein is the Secretary of the new Managing Committee with the respondent Nos. 6 to 18 as the President and the members thereof.

(2.) I have heard Mr. A.C. Sarma, learned counsel for the petitioner Mr. S.K. Das, learned Standing Counsel, Education Department, for the official respondents and Mr. A. Sattar assisted by Mr. Z. Mukit, advocates for the respondent Nos. 5 to 18.

(3.) The petitioner's Managing Committee was constituted in terms of the guidelines contained in the Notification No. AEE/522/2006/02 dated 17.6.2006 of the Education (Elementary) Department, Government of Assam on 19.10.2006 and in terms thereof was entitled to be in office for a period of two years, i.e., up to 18.10.2008. According to the petitioner, during the tenure of his SMC, the Secretary thereof (also the Headmaster of the Madrassa) was vide its resolution dated 2.5.2008 removed from his post on the ground of commission of serious irregularities. While the matter rested at that, the petitioner has alleged, that the State respondents without following the procedure prescribed by the Notification dated 17.6.2006 got reconstituted another Managing Committee on 24.8.2008 to which the territorial jurisdictional Block Elementary Education Officer, Chamaria accorded his approval. The challenge is on the ground that such a reconstitution was impermissible before expiry of the normal term of two years of the earlier SMC, in absence of any reason justifying the same as contemplated in the guidelines and further, that the process was not in compliance thereof.