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GAHC010262162025

2026:GAU-AS:6843

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/6912/2025

AJGAR ALI

S/O- LATE KHALIL HOQUE, R/O.VILL.-NO. 4 BARUAJHAR, P.O. BESIMARI,

P.S. DALGAON, DIST.-DARRANG, ASSAM. PIN. NO. 784514

VERSUS

THE STATE OF ASSAM AND 7 ORS

REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM,

EDUCATION DEPARTMENT (ELEMENTARY), DISPUR, GUWAHATI - 06

2:STRUCK OFF IN COMPLIANCE

WITH THE HONORABLE HIGH COURT'S ORDER DATED 10.12.2025 PASSED

IN THE INSTANT CASE.

3:THE ADDL. DISTRICT COMMISSIONER

IN-CHARGE OF EDUCATION

DARRANG

MANGOLDOI

ASSAM

PIN-784125.

4:THE DISTRICT ELEMENTARY EDUCATION OFFICER

DARRANG

MANGOLDOI

ASSAM

PIN -784125

5:THE BLOCK ELEMENTARY EDUCATION OFFICER

DALGAON EDUCATION BLOCK

P.O. DALGAON

P.S. DALGAON

DIST. DARRANG

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ASSAM

PIN NO. 784125

6:THE HEAD MASTER CUM MEMBER SECRETARY OF NO 4 BARUAJHAR

M.E. SCHOOL

P.O. BESIMARI

P.S. DALGAON

DIST. DARRANG

ASSAM

PIN -784125

7:THE SCHOOL MANAGEMENT COMMITTEE

OF NO. 4 BARUAJHAR M.E. SCHOOL

REPRESENTED BY SAIFUL ISLAM

THE PRESIDENT OF THE SMC OF NO. 4 BARUAJHAR M.E. SCHOOL. P.O.

BESIMARI

P.S. DALGAON

DIST. DARRANG

ASSAM. PIN NO.784125.

8:SAIFUL ISLAM

S/O MOHD. OFETULLAH

VILL.-NO.4

BARUAJHAR

P.O. BESIMARI

P.S.- DALGAON

DIST.-DARRANG

ASSAM. PIN-78412

Advocate for the Petitioner : MR. M U MAHMUD, MR. A A HAZARIKA,MRS. M SAIKIA,MR

S H MAHMUD

Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU,SC, SSA

BEFORE

HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

ORDER

18.05.2026

Date :

Heard Mr. M. U. Mahmud, the learned counsel for the petitioner. Also heard

Mr. P. Saikia, the learned State Government Counsel.

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2. By the instant application under Article 226 of the Constitution of India,

the petitioner has prayed that resolution dated 30.11.2025, as well as the

approval order dated 16.10.2025, be declared as illegal.

3. The case of the petitioner is that the school management committee of

No. 4 Baruajhar M.E. School was not constituted as per law. The learned

counsel for the petitioner states that a general meeting was called on

22.03.2025 and the same was postponed and the said meeting was held on

30.08.2025 and in the said meeting a resolution was passed resolving that the

school management committee of the said school would be constituted with the

members mentioned in the said resolution.

4. The learned counsel for the petitioner states that the said resolution was

adopted not in the office and the same was passed by the sitting in the

Headmaster’s house.

5. The learned counsel for the petitioner submits that the constitution of the

school management committee was in violation of Rule 13 (3) of the Assam

Right of Child to Free and Compulsory Education Rules, 2011.

6. Mr. Mahmud, has also placed an approval order passed by the District

Elementary Education Officer in respect of the school management committee

and he submits that the same authority had written to the Block Elementary

Education Officer Dalgaon for enquiry into the complaint petition filed by one,

Mr. Ajgar Ali and 74 others against the formation of the new school

management committee.

7. Aggrieved by the formation of the said committee, the petitioner along

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with others had submitted a representation to the District Elementary Education

Officer on 25.10.2025, wherein, it was stated that without holding the proper

general meeting few individuals in collusion with each other had formed the

committee.

8. It is also stated by Mr. Mahmud, that the said representation was

forwarded by the District Elementary Education Officer to the Block Elementary

Education Officer by its letter dated 01.11.2025. However, he submits that no

report has been furnished by the Block Elementary Education Officer, Dalgaon in

pursuance to the said letter as well as the representation.

9. Mr. P. Saikia, the learned Government Advocate, however, submits that

there was a proper general meeting held for the formation of the school

management committee on 30.08.2025 and the committee was constituted