IMPORTANT POINT
The court established that the definition of 'local' in the context of selection for the School Management and Development Committee is not strictly geographical but can include any resident of the district, provided they are nominated appropriately.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

1. Heard Mr. A.Y. Choudhury, learned counsel appearing on behalf of the petitioner. Also heard Mr. U. Sarma, learned standing counsel, Secondary Education Department, Government of Assam, appearing on behalf of respondents No. 1, 2 & 4 and Mr. A.K. Hussain, learned counsel, appearing on behalf of respondent No. 7.

2. The issue arising in the present writ petition, pertains to the selection and appointment of the respondent No. 7 for the post of President of the School Management and Development Committee of Mashaner Alga High School, Dhubri. The manner and method for selection for the post of President and Vice-President of a School Management and Development Committee is laid down in the Notification bearing No. ASE-416/2014/116, dated 24.06.2016, and in terms thereof; the Inspector of Schools after consultation with the Principal, Headmaster and local people is to forward a panel consisting of the required number of persons to the Director of Secondary Education, Government of Assam, for the post of President and Vice-President with the recommendation of the Deputy Commissioner of the District. The Director of Secondary Education, Assam, thereafter, shall upon consideration of the names so forwarded and by giving his comments thereon, forward the names to the Government for final selection.

3. The said Notification was modified vide a Notification, dated 27.10.2021, and the power to select the President and the Vice-President of Mashaner Alga High School, Dhubri, was delegated to the Deputy Commissioner of the District who is now required to make the selection with the approval of the Guardian Minister of the District. Accordingly, following the procedure; a panel of the names of 4 persons including the writ petitioner and the respondent No. 7 came to be recommended by the Headmaster in terms of the Notification, dated 24.06.2016, and on receiving the approval from the Guardian Minister, the Deputy Commissioner, Dhubri, vide Notification, dated 29.03.2022, selected the respondent No. 7 as the President of the School Management and Development Committee of Mashaner Alga High School, Dhubri, which is presently under challenge in this writ petition.

4. Mr. Choudhury, learned counsel for the petitioner, by referring to the various Notifications and the panel prepared, has submitted that the requirement for selection of a person as the President of the School Management and Development Committee, is that such a person should be a “local, educated, reputed citizen having no political career.”

Mr. Choudhury, learned counsel, has also submitted that the petitioner is a resident in the vicinity of Mashaner Alga High School, Dhubri, while the respondent No. 7 resides at a distance of around 20 Kms., from the Mashaner Alga High School, Dhubri, and as such; the respondent No. 7 cannot be denoted to be a “local person” for being considered for appointment as the President of the School Management and Development Committee of Mashaner Alga High School, Dhubri.

Mr. Choudhury, learned counsel appearing on behalf of the petitioner, has further submitted that the respondent No. 7 who was the Headmaster of Mashaner Alga High School, Dhubri, had retained some documents of the School which was not returned even after his retirement.

It is, therefore, submitted by Mr. Choudhury, that the said conduct of the respondent No. 7 makes him ineligible for being considered for appointment to the post of President of the School Management and Development Committee of Mashaner Alga High School, Dhubri.

5. Per contra, Mr. Hussain, learned counsel for respondent No. 7, by referring to the affidavit-in-opposition filed by and on behalf of respondent No. 7; has contended that he was born and brought up in the same village wherein the Mashaner Alga High School, Dhubri, is situated and was a founder Assistant Teacher of the said School. The respondent No. 7, prior to his retirement, was serving as the Headmaster of the School, in ques