Facts
The petitioner, a retired Headmaster of F.A. Memorial High School in Dhubri District, applied to be President of the School Management Development Committee (SMDC).
Source reference: p. 3–6The Headmaster first forwarded a panel on 5 October 2021 and later submitted another panel, including respondent No. 6, on 11 October 2021, after the Director extended the deadline for submitting four names.
Source reference: p. 3–6Respondent No. 6, a resident of Kokrajhar District whose village was geographically close to the school, was appointed President by order dated 29 March 2022.
Source reference: p. 3–6The petitioner challenged the recommendation and appointment, contending that respondent No. 6 was not a local resident as required by the Government notification dated 24 June 2016.
Source reference: p. 3–6Issues
1. Whether a person residing in a different district from the school may qualify as a “local” citizen for appointment as SMDC President under the notification dated 24 June 2016
Source reference: p. 7–9, 14–162. Whether respondent No. 6’s recommendation and appointment as President of the SMDC were contrary to that notification
Source reference: p. 4–6, 15–173. Whether the petitioner could be appointed in place of respondent No. 6, given that he had crossed the prescribed age limit
Source reference: p. 7, 13, 18Law Applied
The Government of Assam notification dated 24 June 2016 prescribes that the President and Vice-President of an SMDC must be no more than 65 years of age, possess at least a graduation qualification, and meet the applicable reputation and political-career criteria.
Source reference: p. 8–13It provides for the President to be a “local educated, reputed citizen having no political career” and sets out a selection process involving consultation with the Headmaster and local people, followed by recommendations and Government approval.
Source reference: p. 8–13The Court construed “local” in this context by reference to the habitation and administrative jurisdiction of the school, including the district in which it is situated.
Source reference: p. 15–16No judicial precedents were cited.
Source reference: p. 8–13Reasoning
The Court noted that the school was situated in Dhubri District, while respondent No. 6’s village was in Kokrajhar District.
Source reference: p. 13–16It held that geographical proximity, adjacency, and the fact that students came from nearby villages across district boundaries could not displace the relevant administrative jurisdictions.
Source reference: p. 13–16The authorities’ own position—that “local” was linked to the habitation, district, and block of the school—supported construing the requirement to demand a local connection with, and residence in, the district where the school was situated.
Source reference: p. 13–16Respondent No. 6 therefore did not meet the local-residence requirement.
Source reference: p. 13–16Although the petitioner met the locality and educational criteria, he had by then exceeded the maximum age of 65 and was ineligible for appointment.
Source reference: p. 13–16Holding
The Court held that respondent No. 6’s selection and appointment violated the notification dated 24 June 2016.
It set aside the recommendation dated 11 October 2021 and appointment dated 29 March 2022.
Source reference: p. 17–19Because the petitioner had crossed 65 years of age, the Court directed the authorities to undertake a fresh appointment process in accordance with the notification and the Court’s observations.
Source reference: p. 17–19The writ petition was disposed of on those terms.
Source reference: p. 17–19Original Court PDF
Sayed Ali SheikhvsThe State Of Assam And 5 Ors
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