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2017 DIGILAW 77 (GAU)

Abul Kalam Azad v. State of Assam

2017-01-18

SUMAN SHYAM

body2017
JUDGMENT : 1. The writ petitioners being the guardians of the students studying in the Birsingpara Majer Alga L.P. School in Dhubri district have approached this Court by filing the instant writ petition being aggrieved by the decision of the Head Teacher to bifurcate the school and shift a part of the same to the land owned by the Head Teacher, Asmat Ali Parmanik, for oblique purposes. It is the case of the writ petitioners that the shifting of the school, besides being adverse to the interest of the local residents, would also pose serious risk to the students due to its location in the proximity of the approach road abutting exposed ponds which road has to be traversed by the school going students everyday. 2. Mr. Acharyya, learned counsel for the petitioners, submits that the writ petitioners have also submitted a representation dated 02.11.2015 before the respondent No. 2 highlighting their grievances. However, despite receipt of the said representation, no action has been taken in the matter till date. 3. Mr. Bhattacharjee, learned Standing Counsel for the Elementary Education Department, submits that the issues raised in the writ petition would call for factual verification at the ground level and therefore, some time be granted for the said purpose. 4. Having heard the learned counsel for the parties, I am of the considered opinion that this is a matter which requires proper verification and appropriate decision by the competent authority so as to redress the grievances of the guardians of the school going children. 5. In view of the above, this writ petition is disposed of with a direction upon the respondent No. 2 to consider the representation dated 02.11.2015 (Annexure-5 to the writ petition) submitted by the writ petitioners on its own merit after giving proper opportunity of hearing to all concerned. The representation be disposed by issuing a speaking order within a period of six (6) weeks from the date of receipt of a copy of this order accompanied by a copy of the representation dated 02.11.2015 to be submitted by the petitioners. Whatever may be the decision, the same would be conveyed to the writ petitioners in writing. 6. The writ petition stands disposed of.