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2017 DIGILAW 726 (GAU)

Monoj Dey v. State of Assam

2017-06-05

ACHINTYA MALLA BUJOR BARUA

body2017
JUDGMENT & ORDER : Heard Mr. E. Ahmed, learned counsel for the petitioners. Also heard Mr. S. Sarma, learned standing counsel appearing for the S.S.A and Mr. N. Sarma, learned standing counsel appearing for the Elementary Education Department. 2. The petitioners are the Secretary cum Headmaster of the respective Venture M.E. Schools in the Hailakandi district. The grievance of the petitioners are that the respondent authorities had introduced a procedure for allotment of DISE code for the purpose of further processing the case of the respective schools for provincialisation. 3. It is an admitted position of the parties that the DISE code is required to be issued to all such venture schools, who intend to go for provincialisation and there may not be any case for denial of a DISE code to any particular school. The purpose of issuing DISE code is that after its issuance, the case for provincialisation of the respective schools are taken into consideration and depending upon their eligibility they are either provincialised or provincialisation is refused. 4. On the aforesaid background, the petitioners in this writ petition had made three prayers. Firstly for setting aside the Office Memorandum dated 21.06.2012 of the Commissioner & Secretary to the Govt. of Assam, secondly to provide DISE code to the petitioners school and thirdly, for a direction to the respondent authorities to provincialise the respective schools of the petitioners. 5. Learned counsel for the petitioner Mr. E. Ahmed fairly submits that the first prayer regarding setting aside Office Memorandum dated 21.06.2012 and the third prayer regarding provincialisation of the school is not being insisted upon for the present. 6. Learned counsel has also expressed that the only grievance raised in this writ petition for the present is that the respondent authorities be directed to issue a DISE code to the petitioner school. As already concluded, issuance of the DISE code does not depend on any discretion of the authorities and all such existing schools, who intend to go for provincialisation, are entitled to a DISE code. 7. Accordingly, the writ petition is disposed of with a direction to the respondent authorities that the DISE code be provided to the respective schools and upon such DISE code being provided the required procedure under the law be followed. 7. Accordingly, the writ petition is disposed of with a direction to the respondent authorities that the DISE code be provided to the respective schools and upon such DISE code being provided the required procedure under the law be followed. The aforesaid exercise shall be completed within a period of 3 (three) months from the date of receipt of a certified copy of this order. Interim order, if any, passed earlier stands vacated.