MOZIRAN NESSA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Y. Choudhury, learned counsel appearing on behalf of the petitioner. Also heard Mr. U. Sarma, learned standing counsel, Secondary Education Department, Government of Assam, appearing on behalf of respondents No. 1, 2 and 4; and Mr. A. K. Hussain, learned counsel, appearing on behalf of respondent No. 7.

(2.) The issue arising in the present writ petition, pertains to the selection and appointment of the respondent No. 7 for the post of President of the School Management and Development Committee of Mashaner Alga High School, Dhubri. The manner and method for selection for the post of President and Vice-President of a School Management and Development Committee is laid down in the Notification bearing No. ASE-416/2014/116, dtd. 24/6/2016, and in terms thereof; the Inspector of Schools after consultation with the Principal, Headmaster and local people is to forward a panel consisting of the required number of persons to the Director of Secondary Education, Government of Assam, for the post of President and Vice-President with the recommendation of the Deputy Commissioner of the District. The Director of Secondary Education, Assam, thereafter, shall upon consideration of the names so forwarded and by giving his comments thereon, forward the names to the Government for final selection.

(3.) The said Notification was modified vide a Notification, dtd. 27/10/2021, and the power to select the President and the Vice-President of Mashaner Alga High School, Dhubri, was delegated to the Deputy Commissioner of the District who is now required to make the selection with the approval of the Guardian Minister of the District. Accordingly, following the procedure; a panel of the names of 4 persons including the writ petitioner and the respondent No. 7 came to be recommended by the Headmaster in terms of the Notification, dtd. 24/6/2016, and on receiving the approval from the Guardian Minister, the Deputy Commissioner, Dhubri, vide Notification, dtd. 29/3/2022, selected the respondent No. 7 as the President of the School Management and Development Committee of Mashaner Alga High School, Dhubri, which is presently under challenge in this writ petition.