Research › Search › Judgment

Gauhati High Court · body

2003 DIGILAW 477 (GAU)

Lakshadhar Kalita v. State of Assam

2003-10-29

I.A.ANSARI, P.P.NAOLEKAR

body2003
JUDGMENT P.P. Naolekar, J. 1. The schools i.e. Bajali Girls' ME. School and Bajali Giris' High School are situated in the township of Bajali, district Barpeta, in the same campus. As per the policy decision taken by the Government, on 16.7.1983, for amalgamation of the schools, which are situated in the same campus, a resolution was passed by the Managing Committee of both the schools for amalgamation of the schools and, accordingly, schools have been amalgamated on 2.3.2001. The petitioner, who is the Headmaster of Bajali Girls' M.E. School, has filed the writ petition challenging the amalgamation of the schools. The writ petition was dismissed in limine by the learned Single Judge holding that the amalgamation was in accordance with the policy decision taken by the Government on 16.7.1983. 2. Aggrieved by the said judgment of the learned Single Judge, the present appeal is filed. 3. Heard Mr. M.R. Choudhury, learned counsel for the appellant, Mrs. Anima Hazarika, learned State counsel, appearing on behalf of respondent Nos. 1 to 5. Also heard Mr. B.K. Sharma, learned senior counsel, assisted by Mr. S. Das, learned counsel, appearing on behalf of respondent No. 6. 4. Learned counsel for the appellant has again pressed before us that the amalgamation of the two schools is contrary to the policy decision taken by the Government on 16.7.1983, inasmuch as, it is done without any resolution being passed by the Managing Committee of these two schools for amalgamation. Learned counsel for the respondent's has placed before us the resolution, dated 5.9.1995, on which the reference has also made by the learned Single Judge in its judgment. 5. On perusal of the record, more particularly, the resolution, dated 5.9.1995, we are satisfied that the Managing Committee of both the schools have passed resolution for amalgamation of the schools and the amalgamation has been made in accordance with the policy decision taken by the State Government on 16.7.1983. Besides this, we may observe that the Headmaster of the school is only an employee and has no locus standi to challenge the amalgamation of the schools itself, when, it does not crop up an issue of service condition of the employees of either of the institutions which have been amalgamated. 6. For the aforesaid reasons, we do not find any substance in the appeal. Appeal is dismissed with cost of Rs. 1000. Appeal dismissed