SAIFUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE letter dated 31. 7. 2008 issued by the Block Elementary Education Officer, Lahorighat Block, Morigaon, Assam, recalling his approval to the Committee headed by the petitioner as its President and instead reinstalling the one with the respondent No. 7 in the same capacity is the subject matter of challenge in the instant proceeding.

(2.) THE respondents having responded to the notice issued, this petition after hearing the learned Counsels for the parties is being disposed of at the admission stage.

(3.) THE petitioner's pleaded case in an abridged form is that the School, a provincialised institution, is governed by the provisions of the Assam Elementary Education (Provincialisation) Rules, 1977 (hereafter referred to as the Rules ). As per the guidelines formulated by the Government, a general meeting was held on 13. 6. 2008 in the School premises for the constitution of its Managing Committee. The petitioner has presented himself to be parents' representative. According to him, he being qualified, offered his candidature for the post of President of the said committee. Though initially there were four such candidates, two withdrew from the fray leaving him and the respondent No. 7 as the contenders for the office. As attempts to effect a conciliation between the two failed, it was decided to elect the President and for that purpose another date was fixed. Acting on that decision, the petitioner and most of the voters left the meeting.