Gauhati High Court
Betna Kaurbaha Milan High School vs The State Of Assam And 10 Ors on 17 February, 2022
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GAHC010124692021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
I.A.(Civil)/1614/2021 In
WP(C)/237/2020
BETNA KAURBAHA MILAN HIGH SCHOOL
VILL. BHOGPUR, P.O. BHOGPUR, DIST. BAKSA, B.T.A.D., ASSAM, PIN
781366, REPRESENTED BY ITS I/C HEADMASTER SRI SANJAY KALITA.
VERSUS
THE STATE OF ASSAM AND 10 ORS.
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT.OF
ASSAM, ELEMENTARY EDUCATION DEPTT., DISPUR, GUWAHATI 781006
2:THE ADDL. CHIEF SECY.
GOVT. OF ASSAM
ELEMENTARY EDUCATION DEPTT.
DISPUR
GHY.-06.
3:THE SECY.
GOVT. OF ASSAM
ELEMENTARY EDUCATION DEPTT.
DISPUR
GHY.-6.
4:THE DIRECTOR
SECONDARY EDUCATION
KAHILIPARA
GHY.-19.
5:THE DIRECTOR
ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
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GHY.-19.
6:THE DY. SECY.
GOVT. OF ASSAM
EDUCATION DEPTT.
DISPUR
GHY.-06.
7:THE SECY.
EDUCATION
BTAD
KOKRAJHAR
PIN- 783370.
8:THE DIRECTOR OF EDUCATION
BTAD
KOKRAJHAR
PIN- 783370.
9:THE INSPECTOR OF SCHOOLS
BTAD DISTRICT
BAKSA
PIN- 781371.
10:THE DIST. ELEMENTARY EDUCATION OFFICER
BTAD DISTRICT BAKSA
PIN -781373.
11:SYED FIDDUSAR RAHMAN
S/O KHABIRUDDIN AHMED
R/O VILL. NO. 2 GORESWAR
P.O. NO. 2 GORESWAR
DIST. BAKSA
ASSAM
PIN 78136
Advocate for the Petitioner : J U AHMED
Advocate for the Respondent : MR. R C SAIKIA
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BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
Date : 17-02-2022
Heard Shri AK Dasgupta, learned Senior Counsel for the applicant.
By means of this Interlocutory Application, the learned counsel for the applicant has
sought for the impleadment in the connected WP(C)/237/2020 as the respondent no. 11.
The learned Senior Counsel for the applicant has submitted that the applicant is a
necessary party and any adjudication of the issue in question would adversely affect the
rights and interest of the applicant.
By drawing the attention of this Court to the Office Memorandum dated 22.09.2016, it
is submitted that the legality of the said Memorandum was the subject matter of challenge in
a number of writ petitions and this Court, vide a judgment dated 21.04.2017 passed in
WP(C)/6685/2014 had upheld the validity of the said OM dated 22.09.2016 which lays down
the policy for such amalgamation. It is further submitted that the applicant's School and the
School of the writ petitioner are in the same campus and there are clauses in the order of
amalgamation, including the policy that the services of the Teachers may be utilized in the
amalgamated School.
On the other hand, Shri RC Saikia, learned counsel for the opposite party/writ
petitioner submits that the applicant is not an affected party and has no right to be
impleaded. He further submits that in the process of adjudication of the present challenge,
the applicant will not have any stand. The learned counsel has also drawn the attention of
this Court to Clauses 10 and 11 of the said Office Memorandum dated 22.09.2016 and has
contended that since the number of students is more than the numbers contemplated in the
same clause, the order of amalgamation is bad.
After hearing the learned counsel for the parties, this Court is of the prima facie
opinion that the present consideration is only on the Interlocutory Application for
impleadment and not on the merits of the challenge raised in the writ petition. Therefore, by
refraining to go into the merits of the dispute, this Court is of the view that the applicant may
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be a party who is interested in the proceedings and be allowed to place its stand while
adjudicating the connected writ petition.
Accordingly, the Interlocutory Application is allowed by impleading the applicant as the
respondent no. 11 in the connected writ petition.
Interlocutory Application stands disposed of.
JUDGE
Comparing Assistant
