Mamtaj Begum And Anr. vs The State Of Assam And 6 Ors.
- Court
- Gauhati High Court
GAHC010049342021
2026:GAU-AS:15901
IN THE GAUHATI HIGH COURT
(The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)
PRINCIPAL SEAT AT GUWAHATI
WP(C) No. 1990/2021
1. Mamtaj Begum,
W/o Md. Wazidul Haque,
R/o Vill-No.2 Rangagora, PO-No.2 Rangagora,
PS-Dhekiajuli, Dist.-Sonitpur,
Assam, Pin-784110.
(Headmaster, Rajib Gandhi L.P. School)
2. Md. Wazidul Haque,
S/o Late Abdul Hussain,
R/o Vill-No.2 Rangagora,
PO-No.2 Rangagora, PS-Dhekiajuli,
Dist.-Sonitpur, Assam, Pin-784110.
(Assistant Teacher, Rajib Gandhi L.P. School).
…… Petitioners .
-Versus-
1. The State of Assam,
Represented by the Commissioner & Secretary to the
Government of Assam, Education Department, Elementary,
Dispur, Guwahati-6, Kamrup(M), Assam.
2. The Principal Secretary to the Govt. of Assam,
Elementary Education Department, Dispur, Guwahati-06.
3. The Director of Elementary Education, Assam,
Kahilipara, Guwahati-19, Kamrup(M), Assam.
4. The District Elementary Education Officer,
Sonitpur, Assam, Pin-784001.
5. The Block Elementary Education Officer,
Dhekiajuli, Assam, Pin-784001.
6. The Inspector of Schools,
Sonitpur District Circle, Assam, Pin-784001.
WP(C) 1990/2021
Page 1 of 16
7. The Mission Director,
Axom Sarba Siksha Abhiyan Mission,
Kahilipara, Guwahati-781019.
…… Respondents .
For the Petitioners : Mr. R.C. Das. ……Advocate.
For the Respondents : Mr. A. Phukan, SC, Elem. Edu.,
Mr. B. Gogoi, SC, SSA.
……Advocates.
BEFORE
HON’BLE MR. JUSTICE ROBIN PHUKAN
Date(s) of Hearing :- 22.07.2026
Date on which judgment is reserved :- 22.07.2026
Date of pronouncement of judgment :- 16.10.2026
Whether the pronouncement is of the
operative part of the judgment?
:- N/A
Whether the full judgment has been
pronounced?
:- Yes
JUDGMENT AND ORDER
Heard Mr. R.C. Das, learned counsel for the petitioners. Also heard
Mr. A. Phukan, learned standing counsel, Education (Elementary)
WP(C) 1990/2021
Page 2 of 16
Department, appearing for the respondent Nos.1—6 and Mr. B. Gogoi,
learned standing counsel, SSA, appearing for the respondent No.7.
2. In this petition, under Article 226 of the Constitution of India, two
petitioners, namely, Mrs. Mamtaz begum and Wazidul Hoque, have
prayed for issuing direction to the respondent authorities to interfere with
the withdrawal order of provincialization status of the Rajib Gandhi L.P.
School, vide Order Memo No.EE(Plan)-9/2014/59, dated 01.02.2014, and
also to direct the respondent authorities to re-instate the provincialization
status of the Rajib Gandhi L.P. School pursuant to the order vide Memo
No.EE(Plan)-Provn/LP/317/2013/14, dated 13.05.2013 w.e.f. 01.01.2013.
3. The background facts leading to filing of the present petition are
briefly stated as under:-
“The petitioners above named have been serving as
Headmistress and Assistant Teacher of the Rajib Gandhi L.P.
School, respectively, which was established on 02.04.1993.
Then in the year 2009-10 DISE Code was allotted against the
said school, vide School Code No.0205305. The said school was
provincialized vide Order Memo No.EE(Plan)-Provn/LP/
317/2013/14, dated 13.05.2013 w.e.f. 01.01.2013, as per the
provision of the Assam Venture Educational Institution
(Provincialization of Services) Act, 2011.
But, subsequently the provincialization status of the said
school was withdrawn by the Director, Elementary Education,
vide Order, Memo No.EE(Plan)-9/2014/59, dated 01.02.2014,
on the ground that the DISE Code was not available in the
office record.
WP(C) 1990/2021
Page 3 of 16
Thereafter, the Director of Elementary Education, Assam,
Kahilipara, has sought DISE Code in respect of the said school
on 07.02.2014 from the Block Elementary Education Officer
(BEEO), Dhekiajuli and the same was provided by the BEEO,
Dhekiajuli and the DISE Code, vide No.18110205305 for the
academic session 2009-10, 2010-11, 2011-12, 2012-13 and
2013-14.
Thereafter, the petitioner has challenged the withdrawal
order of provincialization by filing a writ petition, being WP(C)
No.4497/2016 and vide order dated 17.11.2020, a Coordinate
Bench of this Court was pleased to allow this petition directing
the petitioner to submit a representation before the Mission
Director, Sarba Siksha Abhiyan Mission, Govt. of Assam and on
being receipt of such representation, the Mission Director shall
examine the matter and dispose of the same within 4 weeks
from the date of receipt of representation from the petitioner.
Then the petitioner, on 23.11.2020, had filed one
representation before the Mission Director, SSA, Assam and the
same was duly received and on 31.12.2020, the Mission
Director, SSA, Assam had passed a speaking order upon the
representation of the petitioner whereby the respondent No.7
had literally upheld the withdrawal order of the provincialization
status of the Rajib Gandhi L.P. School by way of giving
superficial reason. As per the said speaking order, dated
31.12.2020, the record available at national level submitted by
the States and uploaded at www.schoolreportcards.in by the
National Institute of Educational Planning and Administration
WP(C) 1990/2021
Page 4 of 16
(NIEPA), New Delhi, under the Ministry of Human Resources,
Govt. of India, the DISE Code No.18110205305 was available
from 2010-11. And according to the Mission Director, SSA,
Assam, DISE database is submitted at national level every year
after final compilation at the district level. No school can be
added after final submission. Whereas, as per the Government
of Assam’s Notification vide No.ELE/WP(C)5028/2012/554/21,
dated 20.02.2014, the DISE code cannot be allotted for the
year that has already been elapsed and as such, the DISE Code
No.18110205305 was not valid for the year 2009-10.
It is the case of the petitioner that the reason assigned
by the respondent No.7, in the speaking order was not correct
and is not tenable in the light of the facts and records and it is
clearly visible in the Data Capture Format from the District
Information System for Education (DISE), dated 30.09.2009,
the School Code No.0225305 is reflected for the year 2009-10
and hence saying of the respondent Director that DISE Code
was not available against the Rajib Gandhi L.P. School for the
year 2009-10 is incorrect.
And as such, the speaking order, dated 31.12.2020, is
not tenable in the eye of law and in fact the respondent No.7
did not hear the petitioner before passing the impugned
speaking order, dated 31.12.2020, and as such, it violates the
principle of natural justice and the impugned order, dated
31.12.2020, is not based upon the facts and record and is not
tenable in the eye of law and as such, the order dated
01.02.2014 is liable to be set aside and quashed.
WP(C) 1990/2021
Page 5 of 16
Stand of the state respondents:-
4. The respondent No.7, the Executive Director of Samagra Shiksha
Axom, Kahilipara, has filed affidavit-in-opposition, wherein he has taken a
stand that the year wise report of the Rajib Gandhi L.P. School, bearing
UDISE Code No.18110205305 indicates the existence of the said DISE
Code from 2010-11 till 2016-17 and the name of the petitioner No.1
Mamtaz Begum appeared from the year 2011-12 till 2016-17, but in the
year 2010-11, the name of one W. Haque is reflected. It is also stated
that the speaking order dated 31.12.2020 was issued as per DISE/UDISE
maintained and uploaded at www.schoolreportcards.in by the NIEPA,
New Delhi.
5. The respondent No.3, the Director of Elementary Education also
filed affidavit-in-opposition and it has taken a stand in the said affidavit
that the District Elementary Education Officer (DEEO), Sonitpur has
submitted a proposal with the recommendation of District Scrutiny
Committee, Sonitpur, for provincialization of services as per the Assam
Venture Educational Institutions (Provincialization of Services) Act, 2011
as amended in the year 2012 to the office of the Director and after
verification of the said proposal the same was forwarded to the
Government for creation of posts and accordingly, the Government has
sanctioned posts and then the provincialization of services of the
petitioner No.1 Mamtaj Begum was issued vide order dated 13.05.2013
on some terms and conditions and thereafter, the Samagra Shiksha
Abhiyan, Assam (SSA), vide letter dated 23.12.2013 had submitted a list
of schools, as per DISE 2009-10 database found doubtful and
accordingly, the said provincialization order was withdrawn vide order
dated 01.02.2014, as the list of unmatched schools provided by SSA,
WP(C) 1990/2021
Page 6 of 16
Assam, the name of the Rajib Gandhi L.P. School was also included with
the remark that school code and school name were not matched in DISE
2009-10.
6. The respondent No.2 also filed one affidavit-in-opposition, wherein
it has been stated that the DISE data as received from the Officer of the
DMC, SSA, Sonitpur, it is evident that during the academic year 2009-10,
no DISE data in the name of the Rajib Gandhi L.P. School is found i.e.
neither the name of the school nor the DISE Code in respect of the said
school is found during the academic year 2009-10. The name of the Rajib
Gandhi L.P. School is found with DISE Code 18110205305, but the name
of the teacher has been found as W. Hoque instead of Mamtaj Begum
and in the academic years 2011-12 and 2012-13, the name of the Rajib
Gandhi L.P. School was found with DISE Code 18110205305 and the
names of the teachers were entered as Dipak Kerketa and Mrs. Mamtaj
Begum and during 2013-14 in the DISE data, the name of the Rajib
Gandhi L.P. School was not found in venture category, but the name of
the school was found in the order of provincialization of services issued
vide order dated 13.05.2013 at Sl. No.9. On the other hand, the Director
of Elementary Education, Assam has withdrawn the provincialization
order dated 13.05.2013 in respect of the school due to non-availability of
the DISE Code as per the office record of the DEE, Assam, vide order
dated 01.02.2014.
7. The respondent No.7 also filed an additional affidavit, against
which the petitioners have submitted reply to the said affidavit-in-
opposition, wherein it is stated that the name of the Rajib Gandhi L.P.
School has been reflected at Sl. No.9 in the particular provincialized and
the said document has been reflected as Annexure-VI in page No.26 of
WP(C) 1990/2021
Page 7 of 16
the writ petition and the school DISE is reflected in the academic year
2019 with Code No.18110205305 and also being recorded in the data
capture format for the term academic year 2012-13 upto 2019-20 and
the same has been reflected as Annexure-II in the page No.15 of the said
writ petition and it is also stated that the BEEO, who has been reiterated
that the Rajib Gandhi L.P. School DISE Code recorded for the academic
year w.e.f. 2009-10, 2010-11, 2011-12, 2012-13 and 2013-14, as per the
guideline vide letter No.E-8/Provn./School/BEEO/DKJ/2013/3173, dated
13.02.2014 and that the respondent No.3 has never raised any statement
and averment in respect of Annexure-VI of the writ petition and that the
Elementary Education Department carefully and meticulously admitted
the DISE Code record for the term 2009-10 and hence, the concerned
authority as respondent No.3 has suppressed the fact in respect of the
DISE Code recorded for the Rajib Gandhi L.P. School in the year 2009-10.
8. The respondent No. 2 has filed an additional affidavit on 16.05.2025,
as per direction of this Court wherein it has been stated that from the
DISE data as received from the officer of the DMC, SSA, Sonitpur, it is
evident that during the Academic Year 2009-2010, no DISE data in the
name of the Rajib Gandhi LP School is found i.e., neither the name of the
school (Rajib Gandhi LP School) nor the DISE Code in respect of the said
school is found during the Academic Year 2009-2010. In the DISE data
for the Academic Year 2010-2011, the name of the Rajib Gandhi LP
School is found with DISE Code 18110205305, but the name of teacher
has been entered as 'W. Hoque' instead of Mrs. Mamtaz Begum. In the
Academic Year 2011-2012 and 2012-2013, the name of the Rajib Gandhi
LP School was found with DISE Code 18110205305, and the names of
the teachers were entered as Dipak Kerketa and Mrs. Mamtaz Begum.
WP(C) 1990/2021
Page 8 of 16
During 2013-2014 in the DISE data name of Rajib Gandhi LP School was
found in the order of provincialisation of services issued vide order No.
EE(Plan)-Provn/LP/317/2013/14 dated 13th May 2013 at sl. No. 9. On the
other hand, DEE, Assam, has withdrawn provincialisation order issued
vide No. EE (Plan)-Provn/LP/317/2013/14 dated 13th May 2013 in respect
of Rajib Gandhi LP School due to the non-availability of the DISE Code as
per the office record of DEE, Assam, vide order No. EE(Plan)-9/2014/59/
dated 01.02.2014.
Submission of learned counsel for the petitioners:-
9. Mr. Das, learned counsel for the petitioners submits that the name
of the school, in which the petitioners were serving and its DISE Code
was captured since the year 2009-10 till 2016-17 and based upon the
said data forwarded by the DEEO, Sonitpur, the school was
provincialized. But, subsequently, the same was withdrawn on the ground
of detection of anomalies in the DISE data for the year 2009-10. Mr. Das
also submits that the BEEO has clarified that the school has the DISE
Code for the year 2009-10. And as such, the impugned order of
withdrawal is unjustified and that the petitioner has not been given
proper opportunity of being heard before withdrawal and though as per
order of this Court in writ petition filed by the petitioner, a direction was
issued to the Director, SSA, Assam, to reconsider the same, yet, the same
was not properly examined and thereby upheld the earlier withdrawal
order, which, according to Mr. Das, is illegal and arbitrary and therefore,
Mr. Das has contended to allow this petition.
Submission of learned counsel for the respondents No.1-6:-
WP(C) 1990/2021
Page 9 of 16
10. Per contra, Mr. Phukan, learned standing counsel, Elementary
Education Department, being respondent No.1-6, has vehemently
opposed the petition. According to him, the DISE data of the school of
the petitioners is not available in the website of NIEPA for the year 2009-
10 and though it is available from 2010-11, yet, the name of the
petitioner No.1 was not there, instead one W. Haque was reflected. Mr.
Phukan also submits that subsequently, when the data was verified, it
was detected that the school has no DISE Code for the year 2009-10 and
as such, the earlier provincialization order was withdrawn. Mr. Phukan
also submits that there is no illegality or infirmity in withdrawing the said
order and therefore, he has contended to dismiss the petition.
Submission of learned counsel for the respondents No.7:-
11. On the other hand, Mr. Gogoi, learned standing counsel, SSA,
appearing for the respondent No.7, also submits that there is no record
of Rajib Gandhi L.P. School, in which the petitioners were serving, has
the DISE data for the year 2009-10. Mr. Gogoi has produced the relevant
record from the NIEPA in support of his submission. Mr. Gogoi also
submits that the petitioners have relied upon one data capture format for
the year 2009-10, as issued by the BEEO, Dhekiajuli, but the DISE code
of the said School was not available in the website maintained by the
NIEPA. Under such circumstances, he submits that there is no merit in
this petition and therefore, he has contended to dismiss the same.
Consideration and analysis:-
12. Having heard the submission of learned counsel for both the
parties, this Court has carefully gone through the petition and the
WP(C) 1990/2021
Page 10 of 16
documents placed on record. Also perused the Speaking Order, dated
31.12.2020, passed by the Mission Director, SSA & RMSA.
13. The speaking order, dated 31.12.2020, is extracted herein below for
proper appreciation of the rival submissions:-
OFFICE OF THE OF THE MISSION DIRECTOR
AXOM SARBA SIKSHA ABHIYAN MISSION-
KAHILIPARA, GUWAHATI-781 019, ASSAM
No.SSA/Estt./Court case/500/2018/3729.date 31.12.2020
Speaking Order
Perused the Hon'ble High Court order dated
17.11.2020 passed in WP(C)4497/2016 Dated.17.11.2020
and also perused the records of the case as well as
the representation dated 23.11.2020 submitted by Mrs.
Mamtaz Begum, Head Master, Rajib Gandhi Memorial LP.
School, D/O Mazibar Rahman, W/O Wajedul Hoque, VIII-
No.2 Rangagara, P.O. No.2 Rangagara, P.5. Dheklajuli,
District- Sonitpur, Assam regarding enlistment of
DISE Code no.18110205305 in the year 2009-10.
Whereas, as per record available at National
Level submitted by the states and uploaded at
www.schoolreportcards.in by National Institute of
Educational Planning and Administration, NIEPA, New
Delhi under Ministry of Human Resource, Government of
India, the DISE Code no. 18110205305 is available
from the year 2010-11. DISE database is submitted to
National Level every year after final compilation at
District level. No school can be added after final
submission.
WP(C) 1990/2021
Page 11 of 16
Whereas, as per the Government of Assam's
Notification Vide No.ELE/WP (C) 5028/2012/554/21
Dated 20.02.2014, DISE code cannot be allotted for a
year that has already elapsed.
In the above circumstances the DISE Code no.
18110205305 cannot be included in the year 2009-10.
This disposes of the representation of the
petitioner Mrs. Mamtaz Begum.
Ordered accordingly.
Sd./
(B. Kalyan Chakravarthy, IAS)
Mission Director, SSA & RMSA
14. Thus, from the above speaking order, it appears that the DISE Code
No. 18110205305, of the Rajib Gandhi L.P. School, where the petitioners
are serving, is available from the year 2010-11. DISE database is
submitted to National Level every year after final compilation at District
level and no school can be added after final submission and as per the
Government of Assam's Notification Vide No.ELE/WP(C)5028/2012/
554/21 Dated 20.02.2014, DISE code cannot be allotted for a year that
has already elapsed, for which the DISE Code No. 18110205305 cannot
be included in the year 2009-10.
15. However, it appears from the contention being in the petition and
also from the submission of learned counsel for the petitioner that they
have relied upon the Annexure-II, of the petition, which in fact is a data
capture format, showing the school code as 0205305, in respect of the
Rajib Gandhi L.P. School for the academic year 2009-10, and also relied
upon the letter of the BEEO, Dhekiajuli, which read as under :-
WP(C) 1990/2021
Page 12 of 16
GOVT OF ASSAM OFFICE OF THE BLOCK ELEMENTARY EDUCATION
OFFICER:: DHEKIAJULI::SONITPUR
NO/-E-8/Provn./School/BEEO/DKJ/2013/3/78 Dated/-
13/2/2014
From:- Sri Padma Nath,i/c, Block Ele.Ed.Officer,
Dhekiajuli.
To
The District Elementary Education Officer,
Sonitpur::Tezpur.
Sub.:- Regarding withdrawn from the name of list
Rajib Gandhi Newly provincialised primary
schools.
Ref.:- DEE, Assam's provin. order memo No/-EPD/9/
2014/14, did.01/02/2014.
Sir,
With reference to the subject cited above I,
have the honour to request you that the newly
provincialised Rajib Gandhi LP Schools DISE code is
having from the Academic session 2009-10,2010-
11,2011-12,2012-13 and 2013-14 as per guide line
under this Block Elementary Education office,
Dhekiajuli.
Therefore I request you kindly take necessary
action about the school this is for favour of your
kind information and necessary action.
Sl.
No.
Name of primary
schools already
issued
Name of primary
schools to be
corrected
DISE Code
of School
Rajib Gandhi LP Rajib Gandhi LP 18110205305
Yours faithfully,
Block Ele. Edn. Officer
Encloser:-
WP(C) 1990/2021
Page 13 of 16
1. DISE Formate 09-10 to 13-14.
2. Inspection reports 1st and last.
3. Provincialised order copy
15.1. Thus, from the letter of the BEEO, Dekiajuli, it appears that the
BEEO also relied upon the Date Capture Format, Annexure-II of the
petition. But, from the Speaking Order and also from the affidavits filed
by the respondent authorities clearly indicates that it is not registered in
the website maintained by the NIEPA. This fact is apparent from the
affidavit filed by the respondent No.7.
16. Thus, there appears to be no supporting documents to substantiate
the claim of the petitioners as well as the submissions of Mr. Das, their
learned counsel. The letter of the BEEO, Dhekiajuli addressed to the
DEEO, Sonitpur, Tezpur, indicates that the Rajib Gandhi L.P. School bears
the DISE Code No.18110205305, from the academic session 2009-10,
2010-11, 2011-12, 2012-13 and 2013-14, but the said fact is not based
upon any supporting documents. Rather it was based upon the Annexure
II of the petition, which is, indisputably, a Data Capture Format.
16.1. Instead, the documents produced by the respondent Nos.2, 3 and
7 indicates that there is no DISE Code and the name of the Rajib Gandhi
L.P. School and the name of the petitioner No.1 is not reflected against
the said School for the years 2009-10 and 2010-11. Annexure No.1 of the
affidavit-in-opposition filed by the respondent No. 7 is reproduced herein
below for ready reference:-
Year wise status of teachers of RAJIB GANDHI LPS (DISE code 18110205305) as per DISE/UDISE database,
Block: DHEKIAJULI, District: SONITPUR
DISE Code Name of School Management Name of teachers Academic Year
WP(C) 1990/2021
Page 14 of 16
DISE Code Name of School Management Name of teachers Academic Year
18110205305 RAJIB GANDHI LPS Un-recognised(Venture aided) W HAQUE 2010-11
18110205305 RAJIB GANDHI LPS Un-recognised(Venture aided) DIPAK KERKETA 2011-12
18110205305 RAJIB GANDHI LPS Un-recognised(Venture aided) MRS MOMTAZ BEGUM 2011-12
18110205305 RAJIB GANDHI LPS Un-recognised(Venture aided) DIPAK KERKETA 2012-13
18110205305 RAJIB GANDHI LPS Un-recognised(Venture aided) MRS MOMTAZ BEGUM 2012-13
18110205305 RAJIB GANDHI LPS Newly Provincialised DIPAK KERKETA 2013-14
18110205305 RAJIB GANDHI LPS Newly Provincialised MRS MOMTAZ BEGUM 2013-14
18110205305 RAJIB GANDHI LPS Newly Provincialised WAZIDUL HAQUE 2013-14
18110205305 RAJIB GANDHI LPS Newly Provincialised DIPAK KERKETA 2014-15
18110205305 RAJIB GANDHI LPS Newly Provincialised MRS MOMTAZ BEGUM 2014-15
18110205305 RAJIB GANDHI LPS Newly Provincialised MRS MOMTAZ BEGUM 2015-16
18110205305 RAJIB GANDHI LPS Newly Provincialised WAZIDUL HAQUE 2015-16
18110205305 RAJIB GANDHI LPS Newly Provincialised MRS MOMTAZ BEGUM 2016-17
18110205305 RAJIB GANDHI LPS Newly Provincialised WAZIDUL HAQUE 2016-17
18110205305 RAJIB GANDHI LPS Un-recognised(Venture aided) MRS MOMTAZ BEGUM 2017-18
18110205305 RAJIB GANDHI LPS Un-recognised(Venture aided) WAZIDUL HAQUE 2017-18
18110205305 RAJIB GANDHI LPS Un-recognised(Venture aided) MAMTAZ BEGUM 2018-19
18110205305 RAJIB GANDHI LPS Un-recognised(Venture aided) WAZIDUL HAQUE 2018-19
18110205305 RAJIB GANDHI LPS Un-recognised(Venture aided) MAMTAZ BEGUM 2019-20
18110205305 RAJIB GANDHI LPS Un-recognised(Venture aided) WAZIDUL HAQUE 2019-20
18110205305 RAJIB GANDHI LPS Un-recognised(Venture aided) MAMTAZ BEGUM 2020-21
18110205305 RAJIB GANDHI LPS Un-recognised(Venture aided) WAZIDUL HAQUE 2020-21
18110205305 RAJIB GANDHI LPS Un-recognised(Venture aided) MAMTAZ BEGUM 2021-22
18110205305 RAJIB GANDHI LPS Un-recognised(Venture aided) WAZIDUL HAQUE 2021-22
18110205305 RAJIB GANDHI LPS Un-recognised(Venture aided) MAMTAZ BEGUM 2022-23
18110205305 RAJIB GANDHI LPS Un-recognised(Venture aided) WAZIDUL HAQUE 2022-23
18110205305 RAJIB GANDHI LPS Un-recognised(Venture aided) MAMTAZ BEGUM 2023-24
18110205305 RAJIB GANDHI LPS Un-recognised(Venture aided) WAZIDUL HAQUE 2023-24
17. Though Mr. Das, learned counsel for the petitioners submits that the
speaking order dated 31.12.2020, is illegal and arbitrary, yet, he has
failed to demonstrate the same being arbitrary by producing any relevant
record. The speaking order, dated 31.12.2020, is based upon the data
available in the national level, submitted by the States and uploaded at
www.schoolreportcards.in by the NIEPA, New Delhi, which indicates DISE
Code 18110205305 is available from the year 2010-11 only.
18. Thus, having considered the submission of the learned counsel for
both the parties and also in view of the Annexure-I of the affidavit filed
WP(C) 1990/2021
Page 15 of 16
by the respondent No.7 and also the documents filed by the respondent
No.3 in the affidavit-in-opposition, this Court finds that except the data
capture format, Annexure-II of the petition, there is no other documents
to support the contention of the petitioners that the school has the DISE
Code for the year 2009-10, and reflection of the name of the petitioner
No.1 in the said year. Rather, it appears that her name is reflected from
the year 2011-12 and prior to that one W. Haque was reflected for the
year 2009-10 and the same is nothing but a data capture format.
Conclusion:-
19. In the result, this Court finds no merit in this petition and
accordingly, the same stands dismissed, leaving the parties to bear their
own cost. However, it is being clarified that dismissal of the present
petition would not stand in the way of provincialisation of the School of
the petitioners, if the same satisfy the requirement of provincialisation, as
prescribed by law, presently occupying the field.
20. In terms of above this Writ Petition stands disposed of leaving the
parties to bear their own costs.
Sd/-
Robin Phukan
Comparing Assistant
JUDGE
WP(C) 1990/2021
Page 16 of 16