KETEKIBARI HIGH SCHOOL Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R Ali, learned counsel for the petitioners. Also heard Mr. B. Kaushik, learned counsel for the Secondary Education Department.

(2.) The petitioners' case in brief is that that the people of Baramboi and nearby villagers established the Ketekibari High School in the year 1987 to impart education to the children of the villagers. The Managing Committee appointed the Headmaster and other teaching and non-teaching staff, which was approved by the Inspector of Schools. The School obtained opening permission on 6/12/1989 from the Deputy Secretary, Government of Assam, Education Department and got recognition on 22/5/2007 from the Secretary, Board of Secondary Education, Govt. of Assam. The School fulfilled all criteria which was required for provincialisation. As such, the petitioners were getting financial assistance from the Govt. of Assam.

(3.) The Govt. of Assam decided to provincialise all the venture schools under the Assam Venture Institutions (Provincialisation of Services) Act, 2011 and directed the concerned Schools to submit all relevant documents before the authority to scrutinize the same. Accordingly, the petitioners submitted all the required documents before the concerned authority, but the authority declared the petitioners school as not eligible for provincialisation, as less number of students appeared in the HSLC examination. The petitioners submitted a representation for re-examination of records. Accordingly, as per the direction of the Director of Secondary Education, the petitioners submitted all relevant documents before the authority concerned. The Inspector of Schools, Amingaon re-examined the records on 10/8/2013. After scrutiny of all documents, the Inspector of Schools submitted a report to the Director of Secondary Education, Assam. On the basis of report submitted by Inspector of School, the Director of Secondary Education, Assam declared the petitioner school as eligible for provincialisation vide notification dtd. 27/8/2013. Though the authority prepared a list of 466 schools for provincialisation, the Director of Secondary Education, Assam forwarded a list of only 462 schools out of 466 schools and dropped the petitioners' school from the list of Schools to be provincialised.