Husna Begom Laskar @ Husna Begum Laskar vs State Of Assam And 4 Ors

Heard Mr. A M Barbhuiya, learned counsel for the petitioner. Also heard Mr. P K Borah, learned counsel for the respondents no. 1, 2 and 3 being

the authorities under the Elementary Education Department, Government of Assam.

Issue notice, returnable by four weeks.

Extra copies of the writ petition to the learned counsel for the respondents be provided within three days.

Steps on the respondents no. 4 and 5 by registered post within three days.

As per the approval order for constitution of School Management Committee dated 10.02.2021, the petitioner Ms. Husna Begom Laskar was

approved as the President whereas the respondent no. 5 Md. Faruk Ahmed Laskar was approved as the Vice President of the No. 188 Ganga Nagar

L P School. By another approval order of the same date i.e. 10.02.2021 the order was reversed and the petitioner Husna Begom Laskar was

approved as the Vice President whereas the respondent no. 5 Md. Faruk Ahmed Laskar was approved as the President. Being aggrieved by the

reversion by the subsequent order, this writ petition is instituted.

We required Mr. P K Borah, learned counsel to provide the information as to whether the subsequent approval order dated 10.02.2021 was also

issued by the District Elementary Education Officer of Hailakandi district. The reply after instruction given is that both the orders were issued by the

same concerned authority. A further submission is made that there was a reversal of the approval as because under Rule 13(3)(v) of the Assam Right

of Children to Free and Compulsory Education Rules, 2011, the District Elementary Education Officer is required to make a comparative study of the

educational qualifications of the President and Vice President of the School Management Committee that ought to be approved.

It is stated that after the initial order of 10.02.2021 was issued, it came to the notice that respondent no. 5 Md. Faruk Ahmed Laskar having the

qualification of BA was more qualified than the petitioner who had qualification of HSLC and therefore, in exercise of the requirement of Rule 13(3)

(v) the Assam Right of Children to Free and Compulsory Education Rule, 2011, the approval order was reversed.

The respondents to file their affidavit within the returnable date so as to enable the Court to pass further orders subsequently.

List after four weeks.