MUSLIM UDDIN MAZUMDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE order dated 5. 6. 2007 of the In-charge Inspector of Schools, Nagaon District Circle, Nagaon reconstituting the Managing Committee of Ambari High School, Nagaon (hereinafter referred to as the 'school') is under challenge in the instant proceeding.

(2.) I have heard Mr. H. R. A. Choudhury, learned Senior counsel for the petitioners, Ms. M. Gogoi Medhi, learned Standing Counsel, Education Department for the official respondents and Mr. K. Konwar, learned counsel for the respondent No. 4.

(3.) THE petitioners' pleaded case is that, the school is a government aided institution governed by the Assam Aided Higher Secondary, High and Middle Schools Management Rules, 1976 (hereinafter referred to as the 'rules' ). In terms of the guidelines formulated by the government, the Managing Committee of the School was constituted on 1. 2. 2006 with the petitioner No. 1 as the President and the petitioner No. 8, the donor member thereof respectively. While the said body was in office, on the basis of some frivolous allegations against it, the Inspector of Schools, Nagaon District Circle (for short also referred to Respondent No. 3) vide order dated 13. 6. 2006 (sic.) kept the order dated 1. 2. 2006 constituting the said Managing Committee in abeyance. Thereafter, by his order dated 15. 6. 2007 (sic.) the Managing Committee was resurrected as the allegations made against it were found to be baseless. However, by the impugned order, the Managing Committee of the School has been reconstituted ousting the petitioners and others. This, the petitioners have pleaded is in violation of the principles of natural justice as well as in contravention of Rule 6 of the Rules.