Point of Law: Section 12 is primarily for purpose of Provincialisation of Venture Schools.

JUDGMENT :

SANJAY KUMAR MEDHI, J.

1. Heard Shri B.P. Borah, learned counsel for the petitioners. Also heard Shri B. Kaushik, learned Standing Counsel for the Education Department and Ms. R.B. Bora, learned Standing Counsel, BTC.

2. Both these writ petitions being connected, are taken up for disposal by this common judgment and order.

3. While the first writ petition being WP(C) 679/2018 has been filed challenging an order dated 18.01.2018 of amalgamation of the Bijni M.E. Madrassa with the Zakir Hussain Public High School in the district of Bongaigaon, the second writ petition being WP(C)/6592/2018 has been filed against an order dated 30.06.2018 by which the representation of the petitioners submitted in terms of an order of this Court has been rejected.

4. While there are 11 nos. of petitioners in the first writ petition, there are 10 numbers of petitioners in the second writ petition. Before going to the facts and the issue which had arisen for consideration, it would be necessary to record who are the petitioners. In the first writ petition, it has been stated in paragraph 2 that the petitioners are Guardian of the students studying in Bijni M.E. Madrassa out of which petitioner nos. 3, 4, 7 & 6 are members of the School Management Committee. A similar statement has also been made in paragraph 2 of the second writ petition.

5. The case projected by the petitioners is that pursuant to a scheme referred to as ‘Siksha Khetra’ the Bijni M.E. Madrassa was amalgamated with the Zakir Hussain Public High School vide a notification dated 18.01.2018. It is the contention of the petitioners that such amalgamation was in contravention with the provisions of the RTE Act, 2009.

6. It is the case of the petitioners that there were 401 students with 11 teachers in the Binji M.E. Madrassa whereas the Zakir Hussain Public High School had 338 students and 9 teachers. It is also contended that the infrastructure and library facilities are compliant to the RTE Act. The petitioners submit that representations were filed against the aforesaid action of amalgamation which were not considered in the proper perspective.

7. The aforesaid amalgamation order of 18.01.2018 which is the subject matter of challenge in the first writ petition in which this Court vide an order dated 09.03.2018 had directed to submit a representation to the Commissioner and Secretary, Secondary Education Department for consideration of the case of the petitioners. Pursuant to the said observation, representation was submitted on 02.04.2018 which however was rejected on 13.06.2018.

8. Shri Borah, the learned counsel for the petitioners by drawing the attention of this Court to the impugned order dated 13.06.2018 has submitted that the rejection has been done without proper application of mind and without taking into consideration the objective and purpose of the Office Memorandum dated 22.09.2016 on the subject of “Siksha Khetra” which was a scheme for amalgamation and merger of different schools. He submits that there has been violation of the said Office Memorandum, more specifically with regard to the requirement of a Headmaster wherein the numbers of students in a School is more than 100. It is further submitted that the amalgamation/merger is to be done from M.E. Schools with High Schools, whereas in the instant case an M.E. Madrassa is sought to be amalgamated with a High School which is not covered under the purview of the said Office Memorandum. He submits that the School in question, i.e., M.E. Madrassa had 401 numbers of students with 11 teachers and the merger would be in violation of the RTE Act.

9. The learned counsel has referred to Section 19 of the Act which requires to meeting of norms and standards for a School. Reference has also been made to the Schedule of the Act more specifically under Serial No. 1 (b) (3) wherein it has been stated that when the children are more than 100, there has to be a full time Head-teacher.

10. Shri Borah, the learned counsel has also ref