Page No.# 1/5 vs Smt. Mridula Konwar Hazarika And ...
2023 Latest Caselaw 4399 Gua

                                                                   Page No.# 1/5

GAHC010118552023




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

                                Case No. : I.A.(Civil)/1580/2023

            THE MONTFORT SCHOOL AND 2 ORS.
            CHABUA, DIBRUGARH, ASSAM, PIN-786184

            2: THE CHAIRMAN
             SCHOOL MANAGING COMMITTEE
             MONTFORT SCHOOL
             CHABUA
             DIBRUGARH
            ASSAM
             PIN-786184

            3: THE SECRETARY AND PRINCIPAL
             MONTFORT SCHOOL
             CHABUA
             DIBRUGARH
            ASSAM
             PIN-78618

            VERSUS

            SMT. MRIDULA KONWAR HAZARIKA AND ANR.
            W/O- HAMILTON HAZARIKA R/O- PANITOLA, NAHAT PATHAR P.O-
            PANITOLA DIST- TINSUKIA, ASSAM PIN-786183

            2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM
            ASSAM
             KAHILIPARA
             GUWAHATI-19
            ASSA

Advocate for the Petitioner   : MS. D GHOSH

Advocate for the Respondent : MR S BORTHAKUR
                                                          Page No.# 2/5




Linked Case : WP(C)/3111/2022

SMT. MRIDULA KONWAR HAZARIKA
W/O- HAMILTON HAZARIKA
R/O- PANITOLA
 NAHAT PATHAR
P.O- PANITOLA
DIST- TINSUKIA
ASSAM
PIN-786183


VERSUS

THE DIRECTOR OF SECONDARY EDUCATION ASSAM AND 3 ORS.
ASSAM
KAHILIPARA
GUWAHATI
ASSAM
PIN-781019

2:THE MONTFORT SCHOOL
CHABUA
 DIBRUGARH
ASSAM
 PIN-786184
 3:THE CHAIRMAN
SCHOOL MANAGING COMMITTEE
MONTFORT SCHOOL
 CHABUA
 DIBRUGARH
ASSAM
 PIN-786184
 4:THE SECRETARY AND PRINCIPAL
MONTFORT SCHOOL
 CHABUA
 DIBRUGARH
ASSAM
 PIN-786184
 ------------
Advocate for : MR S BORTHAKUR
Advocate for : SC
 SEC. EDU. appearing for THE DIRECTOR OF SECONDARY EDUCATION
ASSAM AND 3 ORS.
                                                             Page No.# 3/5




   Linked Case : WP(C)/3576/2022

   MRIDULA KONWAR HAZARIKA
   W/O- HAMILTON HAZARIKA
   RESIDENT OF PANITOLA
   NA-HAT PATHAR
   POST OFFICE- PANITOLA
   DISTRICT- TINSUKIA
   ASSAM
   PIN- 786183.


   VERSUS

   THE DIRECTOR OF SECONDARY EDUCATION AND 3 ORS
   KAHILIPARA
   GUWAHATI-19
   ASSAM.

   2:THE MONTFORT SCHOOL
   CHABUA
    DIBRUGHAR
   ASSAM- 784184.
    3:THE CHAIRMAN
   SCHOOL MANAGING COMMITTEE
    MONTFORT SCHOOL
    CHABUA
    DIBRUGHAR
   ASSAM- 786184.
    4:THE SECRETARY AND PRINCIPAL
   MONTFORT SCHOOL
    CHABUA
    DIBRUGHAR
   ASSAM- 786184.
    ------------
   Advocate for : MR S BORTHAKUR
   Advocate for : SC
    SEC. EDU. appearing for THE DIRECTOR OF SECONDARY EDUCATION AND 3
   ORS




                     BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
                                                                         Page No.# 4/5


                                     ORDER

17.10.2023

Heard Mr. A Dhar, learned counsel for the applicants as well as Mr. S Borthakur, learned counsel for the writ petitioner.

By this interlocutory application, the interim order dated 13.05.2022 in WP(C)No.3111/2022 is sought to be modified. The said interim order was passed on the premises that while taking the impugned action against the writ petitioner, the respondent Montfort High School, Chabua in the Dibrugarh district had not followed the procedure provided under the Assam Non- Government Educational Institution (Regulation and Management) Act, 2006 (in short, Act of 2006).

Mr. A Dhar, learned counsel for the applicants by referring to the certificate issued by the Secretary to the National Commission for Minority Educational Institutions, Government of India contends that the applicant Montfort High School is an institution governed under Article 30 of the Constitution of India and, therefore, as per the definition of Non-Governmental Educational Institution under Section 2(xv) of the Act of 2006, the applicant Institute is not a Non-Governmental Educational Institution and, therefore, the provisions of the Act of 2006 would be inapplicable in respect of the school concerned.

However, Mr. S Borthakur, learned counsel for the petitioner relies upon the judgment of the Hon'ble Supreme Court rendered in Ramesh Ahluwalia Vs. State of Punjab and Others reported in (2012) 12 SCC 331, wherein in paragraph 12, a proposition had been laid down that a private body if performing public functions which are normally expected to be performed by the Page No.# 5/5

State authorities, such public bodies would be amenable to a writ jurisdiction.

In this respect, we require the parties to look into a later pronouncement of the Supreme Court rendered in St. Mary's Education Society and Another Vs, Rajendra Prasad Bhargava and Others reported in (2023) 4 SCC 498 particularly by taking note of paragraphs 2 and 75.2 of the said judgment and submissions may be advanced.

List on 14.11.2023.

JUDGE

Comparing Assistant