Page No.# 1/8 vs The State Of Assam And 6 Ors
2025 Latest Caselaw 277 Gua

Gauhati High Court

Page No.# 1/8 vs The State Of Assam And 6 Ors on 6 May, 2025

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                                                                             2024:GAU-AS:170
GAHC010223452017




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

                          Case No. : WP(C)/6987/2017

         JANASHIMALU HIGH SCHOOL and 9 ORS.
         REP. BY ITS HEAD MASTER CUM SECRETARY, SRI KANAK KALITA, P.O.
         PANJABARI, VIA- NOONMATI, DIST. KAMRUP, ASSAM.

         2: CHANDARIA PATHAR HIGH SCHOOL

          REP. BY ITS HEAD MASTER CUM SECY.
          SMT. HIMANI MEDHI
          P.O. BALADMARI
          DIST. GOALPARA
          ASSAM.

         3: FURHANI ATI HIGH SCHOOL

          REP. BY ITS HEAD MASTER CUM SECY. MD. HABIB ULLAH
          P.O. LITERIPAR BAZAR
          VILL. JURIA
          DIST. NAGAON
          ASSAM.

         4: INDIRA GANDHI HIGH SCHOOL

          REP. BY ITS HEAD MASTER CUM SECRETARY ABDUL MORIM
          P.O. HINDU BLOCK
          VIA-DOBOKA
          DIST. NAGAON
          ASSAM.

         5: SINGIA POTANI GIRLS HIGH SCHOOL
          REP. BY ITS HEAD MASTER CUM SECY. SRI RANJIT SAIKIA
          P.O. BIHARI GAON
         VIA NONOI
          DIST. NAGAON
         ASSAM.
                                                          Page No.# 2/8
                                                                     2024:GAU-AS:170


6: TINSUKIA HIGH MADRASSA

REP. BY ITS HEAD MASTER CUM SECRETARY
MUKITUR RAHMAN
P.O. TINSUKIA
VIA -JURIA
DIST. NAGAON
ASSAM.

7: BAMUNDI HIGH SCHOOL

REP. BY ITS HEAD MASTER CUM SECRETARY SRI BIJOY KUMAR SARKAR
P.O. ERA BAMUNDI
VIA BELLA
DIST. BARPETA
ASSAM.

8: MAIRACHORA ANCHALIK HIGH SCHOOL

REP. BY ITS HEAD MASTER CUM SECY. MD. AJMAL HOQUE
P.O. DAMALCHOS
VIA SINGRA
DIST. KAMRUP
ASSAM.

9: PIYALIKHATA HIGH SCHOOL
 REP. BY ITS HEAD MASTER CUM SECRETARY MD. SARIF ULLAH
 P.O. BAIHATA CHARIALI
VIA CHANGSARI
 DIST. KAMRUP
ASSAM.

10: JAYKUCHI JATIABHANGARA HIGH SCHOOL

REP. BY ITS HEAD MASTER CUM SECRETARY SRI PRADIP RAJBONGSHI
P.O. LOCH
VIA BAIHATA CHARIALI
DIST. KAMRUP
ASSAM

VERSUS

THE STATE OF ASSAM and 6 ORS.
REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM, EDUCATION
SECONDARY DEPTT., DISPUR, GHY.-781006.

2:THE SECRETARY
                                                                      Page No.# 3/8
                                                                                 2024:GAU-AS:170


             TO THE GOVT. OF ASSAM
             SECONDARY EDUCATION DEPTT.
             DISPUR
             GHY.-781006.

            3:THE JOINT SECRETARY

             JUDICIAL DEPTT.
             DISPUR
             GHY.-781006.

            4:THE DY. SECRETARY
            TO THE GOVT. OF ASSAM
             SECONDARY EDUCATION DEPTT.
             DISPUR
             GHY.-781006.

            5:THE UNDER SECRETARY

             TO THE GOVT. OF ASSAM
             SECONDARY EDUCATION DEPTT.
             DISPUR
             GHY.-781006.

            6:THE UNDER SECRETARY

             TO THE GOVT. OF ASSAM
             FINANCE EC-III DEPTT.
             DISPUR
             GHY.-781006.

            7:THE DIRECTOR

             SECONDARY EDUCATION
             ASSAM
             KAHILIPARA
             GHY.-781019

Advocate for the Petitioner   : MR.A M DUTTA, MR.P SARMA

Advocate for the Respondent : SC, SECONDARY EDUCATION, SC, FINANCE,GA, ASSAM




                                    BEFORE
                        HONOURABLE MR. JUSTICE KARDAK ETE
                                                                        Page No.# 4/8
                                                                                   2024:GAU-AS:170


                                     ORDER

Date : 06-05-2025

Heard Mr. P. Sarma, learned counsel for the petitioner. Also heard Mr. B.J. Talukdar, learned Additional Senior Government Advocate as well as Ms. D. Mushahary, learned standing counsel, Secondary Education Department and Mr. A. Chaliha, learned Standing Counsel, Finance Department.

2. This is the third round of writ petition by the petitioners seeking financial assistance to the petitioner schools since for the year 2010-11 onwards as per the guidelines for Implementation of State Plan Scheme "Financial Assistance to the Venture Educational Institutions."

3. The petitioners' schools are situated in different districts of Assam. The Government of Assam had introduced a State Plan Scheme for the year 2010- 11, namely "Financial Assistance to the Venture Educational Institutions". It is the case of the petitioners that as per the said scheme, the petitioners' schools are eligible to be provided with the financial assistance. The petitioners approached the respondent authorities in terms of the scheme. However, on being not granted, the petitioner approached this Court by filing writ petition being WP(C) 4787/2011 and this Court by an order dated 29.02.2012 has disposed of the writ petition and as agreed to by the learned counsel for the parties, directed the respondents to look into the grievance of the petitioners and passed appropriate orders in accordance with the law.

4. Thereafter, the Director of School Education, Assam vide order dated 14.12.2012 has rejected the claim of the petitioners on the ground that as per the guidelines only those Secondary Schools, Junior Schools, which received financial assistance during 2010-11 shall only be eligible to receive the financial Page No.# 5/8 2024:GAU-AS:170 assistance for the year 2012-13 and as the petitioners institution did not get financial assistance during 2010-11, as per the government guidelines, the financial assistance cannot be considered by the Director of Secondary Education, however, the letter has been sent to the government seeking instruction on the matter.

5. The petitioners have file second writ petition being WP(C) 5386/2013 against the rejection of the claim of the petitioners for financial assistance by the Director of Secondary Education, dated 14.12.2012. This Court by an order dated 10.04.2014, disposed of the above writ petition by directing the respondent authorities to provide financial assistance to the 13 numbers of schools including the petitioners for the year 2010-11 and also for the financial year 2012-13 and such benefit must reach the petitioners within the outer limit of 4 (four) months from the date of the order.

6. Pursuant to the aforesaid order of this Court dated 10.04.2014, passed in WP(C) 5386/2013, the Secretary to the Government of Assam, Secondary Education Department vide order dated 08.12.2014, has decided that 13 schools mentioned in the writ petition WP(C) 5386/2013 (including the petitioners herein) are entitled to receive financial assistance for the period 2010-11, 2012- 13 and necessarily 2013-14 and 2014-15 as they received recognition in 2010.

7. Mr. P. Sarma, learned counsel for the petitioner submits that despite the clear order of the Secretary to the Govt. of Assam, Secondary Education Department, dated 08.12.2014, the petitioners have not provided with the financial assistance till date, therefore, he submits that the only prayer is for grant of financial assistance as per the order of this Court in WP(C) 5386/2013 and the consequential order passed by the Secretary to the Govt. of Assam, Secondary Education Department dated 08.12.2014 within a reasonable period Page No.# 6/8 2024:GAU-AS:170 of time.

8. Ms. D. Mushahary, learned standing counsel, Secondary Education Department and Mr. A. Chaliha, learned standing counsel, Finance have submitted that Sub-section 6 of Section 3 of Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 (now repealed) provides that save and except, the institution established and maintained by the minorities under Article 30 of the Constitution of India which is already getting some financial assistance or grants-in-aid, no private or non-Governmental Educational Institution shall be entitled to get any aid or assistance for the State Government in any form with effect from the date of coming into force of this Act. Similar provision is incorporated in Sub-Section 9 of Section 3 of Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017 and therefore, the petitioners school are not entitled to any financial assistance. The claim of the petitioners is not under the Act or Rules rather a guideline which has been issued by way of policy decision of the State. On the coming into force the enactment of the above Act, the guidelines/decision of the State become redundant. However, the learned Standing Counsels have fairly submitted that no appeal or review has been filed against the order dated 10.04.2014 passed in WP(C) 5386/2013.

9. I have considered the submission of the learned counsel for the parties and also perused the materials available on record including the judgment and order dated 10.04.2014 passed by this Court in WP(C) 5386/2013.

10. This Court on 10.04.2014 in WP(C) 5386/2013 after consideration of the entire matter has directed the respondent authorities to provide financial assistance to the 13 high schools, including the petitioners, for the year 2010-11 also for the year 2012-13 and such benefit must reach the petitioners within a Page No.# 7/8 2024:GAU-AS:170 outer limit of four months from the date of the order. undisputably, no appeal or review has been filed by the State respondents against the said order dated 10.04.2014, which is also fairly admitted by the learned Standing Counsels for the respondents and the same has attained finality.

11. Admittedly, pursuant to the above order dated 10.04.2014, passed by this Court, the Secretary to the Govt. of Assam has issued the order dated 08.12.2014, whereby, 13 schools in the said writ petition being WP(C) 5386/2013 including the present petitioners are held to be entitled to receive financial assistance for the period 2010-11, 2012-13, 2013-14 and 2014-15 as they have received recognition in 2010.

12. On a pointed query, the learned standing counsel for the Department of Secondary Education has fairly submitted that except passing order by the Secretary to the Govt. of Assam, Secondary Education Department dated 08.12.2014, pursuant to the order of this Court, no final assistance has been granted to the petitioners.

13. Having considered the submissions of the learned counsel for the parties and also in view of the fact that the order of this Court dated 10.04.2014 passed in WP(C) 5386/2013, has attained finality and the Secretary to the Govt. of Assam has issued the order dated 08.12.2014 to the effect that the petitioners are entitled to receive financial assistance for the period from 2010-15, I am of the considered view that no issue remains to be determined as to the entitlement of the financial assistance to the petitioners.

14. Thus, the authorities in the Department of Secondary Education having been passed the above order dated 08.12.2014, holding that the petitioners are entitled to receive financial assistance for the year 2010-15, this writ petition is Page No.# 8/8 2024:GAU-AS:170 disposed of with a direction to the respondent authorities to grant financial assistance to the petitioners for the period from 2010-15 within a period of 4 (four) months from today.

15. Writ petition stands disposed of in terms of the above.

JUDGE

Comparing Assistant