JEHENA KHATUN @ HEHENA BEGUM Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. M. Khan, learned counsel for the petitioner as well as Mr. J. Ahmed, learned counsel, appearing for respondent No. 5; Mr. K. R. Patgiri, learned counsel, appearing for respondent No. 4; and Mr. R. M. Deka, learned Standing counsel, Elementary Education Department, appearing for respondent Nos. 1, 2 and 3.

(2.) THE pleaded facts in the writ petition may be noticed at the outset.

(3.) THE case of the petitioner, in short, is that after expiry of the tenure of the School Management Committee (for short, 'SMC') of No. 2422/B Patimari L.P. School, in terms of the instructions issued by the departmental authority for formation of a new SMC, a general meeting was held on 16.12.2014 with the parents/guardians of the students of the said school. In the said meeting, respondent No. 5 was selected as the President and the petitioner was selected as Vice -President of the SMC and, as per Rule 13(3)(iv) of the Assam Right to Children to Free and Compulsory Education Rules, 2011 (hereinafter referred to as 'Rules'), the school authority submitted the proposal, in prescribed format, along with a resolution of the meeting dated 16.12.2014 to the respondent No. 3 to accord approval as per Rule 13(3)(v) of the Rules, in prescribed approval order in Form No. IV appended to the Appendix of the Rules. It is pleaded that the writ petitioner read up to Class -X and the respondent No. 5 up to Class -VIII. Thereafter, in terms of the provision of Rule 13(3)(v) of the Rules, the District Elementary Education Officer, Dhubri, considering the comparative educational qualification, aptitude, willingness to work, etc., approved the name of the petitioner as President and the name of the respondent No. 5 as Vice -President of the SMC by his communication dated 23.03.2015. By the said communication, the Member -Secretary of the SMC was instructed to hold the first meeting of the SMC within fifteen days of the issue of the said letter. The first meeting of the new SMC was held on 25.03.2015 and since the date of the first meeting, the petitioner was functioning as President and the respondent No. 5 as the Vice -President. Joint bank account was also opened in the name of the petitioner and the Member -Secretary of the SMC and construction of the school building was also started by the present SMC. However, without any notice, by the impugned order dated 06.06.2015, the approval order dated 23.03.2015 was changed by the District Elementary Education Officer, Dhubri, by directing that the respondent No. 5 would act as the President of the SMC and the petitioner as the Vice -President. It is against the said order of the District Elementary Education Officer, Dhubri, dated 06.06.2015, the writ petition was filed by the petitioner.