GAHC010106222025

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/2690/2025

EKLAVYA MODEL RESIDENTIAL SCHOOL, DALBARI AND ANR

P. O. AND P. S. -DALBARI, DISTRICT- BAKSA, ASSAM TO BE REPRESENTED

BY ITS PRINCIPAL

2: ANGELUS BAXLA S/O.- KETRA BAXLA

R/O VILLAGE- PUB- BARAMCHARI

P.O.- BARIMAKHA

P. S. - BARBARI

DIST. -BAKSA

PIN-781333

ASSA

VERSUS

THE UNION OF INDIA AND 16 ORS

TO BE REPRESENTED BY THE SECRETARY, MINISTRY OF TRIBAL AFFAIRS

(MOTA), GOVT. OF INDIA, 416, 4TH FLOOR, B-WING, SHASTRI BHAWAN,

NEW DELHI- 110001

2:THE JOINT SECRETARY

MINISTRY OF TRIBAL AFFAIRS (MOTA)

GOVT. OF INDIA

SHASTRI BHAWAN NEW DELHI-110001

3:THE UNDER SECRETARY

MINISTRY OF TRIBAL AFFAIRS (MOTA)

GOVT. OF INDIA

SHASTRI BHAWAN NEW DELHI-110001

4:THE DIRECTOR

MINISTRY OF TRIBAL AFFAIRS (MOTA)

GOVT. OF INDIA SHASTRI BHAWAN NEW DELHI-110001

5:THE STATE OF ASSAM TO BE REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF TRIBAL AFFAIRS (PLAIN)

BLOCK-D

1ST FLOOR JANATA BHAWAN DISPUR GUWAHATI-781006

6:THE SECRETARY TO THE GOVT. OF ASSAM TRIBAL AFFAIRS (PLAIN)

-CUM- CHAIRPERSON ASSAM STATE LEVEL EMRS SOCIETY BLOCK-D JANATA BHAWAN DISPUR GUWAHATI-781006

7:THE JOINT SECRETARY TO THE GOVT. OF ASSAM TRIBAL AFFAIRS (PLAIN)

BLOCK-D

3RD FLOOR JANATA BHAWAN DISPUR GUWAHATI-781006

8:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM TRIBAL AFFAIRS (PLAIN)

BLOCK-D

3RD FLOOR JANATA BHAWAN DISPUR GUWAHATI-781006

9:THE ASSAM STATE LEVEL EKLAVYA MODEL RESIDENTIAL SCHOOL SOCIETY TO BE REPRESENTED BY ITS MEMBER-SECRETARY RUKMINI NAGAR GHY-06

10:THE JOINT DIRECTOR DEPARTMENT OF TRIBAL AFFAIRS (PLAIN)

BLOCK-D

3RD FLOOR JANATA BHAWAN DISPUR GUWAHATI-781006 11:THE DIRECTOR DEPARTMENT OF TRIBAL AFFAIRS (PLAIN)

-CUM- MEMBER SECRETARY ASSAM STATE LEVEL EMRS SOCIETY RUKMINI NAGAR GUWAHATI-781006

12:THE BODOLAND TERRITORIAL COUNCIL TO BE REPRESENTED BY THE PRINCIPAL SECRETARY BODOFA NWGWR BODOLAND TERRITORIAL COUNCIL SECRETARIAT KOKRAJHAR BODOLAND TERRITORIAL REGION (BTR)

ASSAM PIN-783370

13:THE SECRETARY OF EDUCATION DEPARTMENT BODOLAND TERRITORIAL COUNCIL BODOFA NWGWR BODOLAND TERRITORIAL COUNCIL SECRETARIAT KOKRAJHAR BODOLAND TERRITORIAL REGION (BTR)

ASSAM PIN-783370

14:THE DIRECTOR OF EDUCATION BODOLAND TERRITORIAL REGION (BTR)

ASSAM PIN-783370

15:THE DISTRICT COMMISSIONER BAKSA MUSHALPUR -CUM- CHAIRPERSON DISTRICT LEVEL EMRS MANAGEMENT COMMITTEE BAKSA PIN-781372

16:THE INSPECTOR OF SCHOOLS BAKSA DISTRICT CIRCLE MUSHALPUR -CUM- MEMBER SECRETARY DISTRICT LEVEL EMRS MANAGEMENT COMMITTEE BAKSA PIN-781372

17:THE COMMISSIONER NATIONAL EDUCATION SOCIETY FOR TRIBAL STUDENTS ROOM NO.1 GROUND FLOOR GATE NO.3A JEEVAN TARA BUILDING PARLIAMENT STREET NEW DELH-110001 Advocate for the Petitioner : MR. A R BHUYAN, MR. S. ALOM,MR. M A I HUSSAIN Advocate for the Respondent : DY.S.G.I., MS. K PHUKAN (C.G.C.),SC, ELEM. EDU,SC, BTC,SC, WPT AND BC BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

ORDER

13.11.2025 Heard Mr. A.R. Bhuyan, learned counsel for the petitioners; Ms. K. Phukan, learned Central Government Counsel for the Union of India; Ms. B. Bhuyan, learned Senior Counsel cum Standing Counsel for the BTC; Mr. R. Dhar, learned Standing Counsel for the Tribal Affairs; Ms. D.D. Barman, learned Additional Senior Government Advocate for the Deputy Commissioner, Baksa; and Ms. H.

Terangpi, learned Standing Counsel for the Elementary Education Department.

2. In this petition, under Article 226 of the Constitution of India, the petitioners have prayed for:-

(i) Directing the respondent authorities to ensure full fledged functioning of the Eklavya Model Residential School (EMRS hereinafter), Dalbari;

(ii) Directing the respondent authorities to take up EMRS, Dalbari full-

fledgedly;

(iii) Directing the respondent authorities to release regular funds for functioning of EMRS, Dalbari; and (iv) Directing the respondent authorities to take steps and implement the resolutions adopted by the District Level Eklavya Model Residential School Committee, Baksa (the Management Committee hereinafter), in its