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SANJAY KUMAR MEDHI
Sahid Ali S/o Chamsut Jawan – Appellant
Versus
State of Assam – Respondent
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
Section 12 is primarily for purpose of Provincialisation of Venture Schools.
The court upheld the amalgamation of schools and the appointment of the Headmaster, emphasizing adherence to the SIKSHA KHETRA scheme and lack of challenge to qualifications.
The court established that the Head Master of an MV School can be appointed as Assistant Head Master in an amalgamated school, as both ME and MV Schools are treated equally under the relevant statuto....
The main legal point established is that eligibility for participation in a selection process is determined at the time of initiation of the process, and subsequent eligibility does not entitle a can....
Point of Law : Issues involved in instant writ petition can be decided by a fact finding authority i.e. Educational Tribunal constituted under Section 19(2) of Act.
Administrative decisions regarding the provincialization of educational institutions must be based on a comprehensive assessment of all available evidence, including historical records, and must be c....
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