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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
SANJAY KUMAR MEDHI, SUSMITA PHUKAN KHAUND
All Assam English Medium Schools' Association Rep. By Its President, Sri Mritunjay Shukla – Appellant
Versus
State Of Assam And Ors Rep. By The Commissioner And Secy. To The Govt. Of Assam, Education Deptt – Respondent
| Table of Content |
|---|
| 1. challenge to the assam non-government educational institutions act (Para 1 , 2) |
| 2. petitioners argue act grants excessive powers (Para 4 , 5 , 6) |
| 3. government emphasizes need for regulation (Para 10 , 11) |
| 4. supreme court precedents on educational regulation (Para 12 , 13 , 14) |
| 5. no overlapping with rte act; act's provisions valid (Para 19 , 24) |
| 6. burden of proof lies on challengers of legislative act (Para 26 , 27) |
| 7. writ petitions dismissed; interim order vacated (Para 28 , 29) |
JUDGMENT :
SANJAY KUMAR MEDHI, J.
1. The vires of the Assam Non-Government Educational Institutions (Regulation and Management) Act, 2006 is the subject matter of challenge in these two petitions instituted under Article 226 of the Constitution of India.
2. The petitioners in both the writ petitions are Associations of private unaided schools and there are more than 200 such schools in the State of Assam. It is the case of the petitioners that the establishment and management of the institutions are governed and controlled by their respective Boards, namely, CBSE, SEBA and AHSEC etc. It is contended that the impugned Act would give unguided, uncontrolled and arbitrary powers to certain office
The court upheld the constitutional validity of the Assam Non-Government Educational Institutions Act, 2006, affirming the need for regulation to ensure educational quality and standards.
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