The court emphasized the importance of following the prescribed procedure for the nomination of President and Vice-President of the SMDC of a School as per the Notifications dated 27.06.2016 and 27.10.2021, and the consequences of non-compliance.

1. Heard Mr. A. Deka, learned counsel for the petitioners. Also heard Mr. U. Sharma, learned Standing Counsel, Education (Secondary) Department, appearing for the respondent Nos. 1, 2 and 3; Mr. B. Deori, learned Junior Government Advocate, Assam, appearing for the respondent No. 4 and Mr. K.M. Mahanta, learned counsel appearing for the respondent Nos. 5 and 6.

2. The petitioners, by way of instituting the present proceedings, have presented a challenge to a communication dated 29.09.2023 issued by the Inspector of Schools, Nagaon District Circle, Nagaon nominating the respondent Nos. 5 & 6 herein as the President and Vice-President of the School Management & Development Committee of Rampur Chalapathar Sahed Ali High School, Nagaon.

3. The writ petitioners in the writ petition have projected that on expiry of the term of the School Management & Development Committee (SMDC) of Rampur Chalapathar Sahed Ali High School on 31.10.2021, a process was initiated for constituting the SMDC of the said School and accordingly the names of the petitioners came to be nominated as the President and Vice-President of the SMDC of the School in question vide a communication dated 08.09.2022 issued by the Inspector of Schools, Nagaon District Circle, Nagaon.

4. The said nomination as made in respect of the petitioners herein vide the communication dated 08.09.2022 was put to challenge by the School Authorities and the guardians of the students studying therein by way of instituting WP (C) No. 6796/2022 before this Court. This Court, vide order dated 19.07.2023, on consideration of the issues arising in the said proceedings and after hearing the learned counsel appearing for the parties, was pleased to hold that the communication dated 08.09.2022 nominating the present petitioners as the President and Vice-President of the SMDC of the School in question was in clear violation of the guidelines as available in this connection in the Notification dated 27.10.2021 and accordingly proceeded to interfere with the same. Thereafter, this Court remanded the matter back to the Deputy Commissioner, Nagaon to initiate a process for nomination of names against the posts of President and Vice-President of the SMDC of the School in question strictly in accordance with the provisions of the Notifications dated 27.06.2016 and 27.10.2021.

5. It is contended in the writ petition that thereafter although the petitioners had also made a representation before the Inspector of Schools and the Deputy Commissioner for consideration of their respective claims for being nominated as President and Vice-President, respectively, of the SMDC of the School in question, the authorities without following the provisions of the Notifications dated 27.06.2016 and 27.10.2021, proceeded to issue the impugned communication dated 29.09.2023 nominating the respondent Nos. 5 & 6 herein as the President and Vice-President of the SMDC of the School in question.

6. Mr. A. Deka, leaned counsel for the petitioners, by referring to the material available on record, has contended that admittedly the nominations of the respondent Nos. 5 & 6 as made vide the communication dated 29.09.2023 by the Inspector of Schools, Nagaon District Circle, Nagaon was not made in terms of the procedure as laid down in the guidelines contained in the Notification dated 27.06.2016. It is categorically contended by Mr. Deka, learned counsel for the petitioners that the School Authorities were not involved in the process leading to the nominations of the respondent Nos. 5 & 6 as the President and Vice-President of the SMDC of the School in question. It is further submitted by the petitioners that they having already been nominated in the earlier process against the posts in question, their case also ought to have been given a due consideration by the respondent authorities empowered to nominate persons as President and Vice-President of the SMDC of the School in question and the claims of the petitioners not having been c