WP(C) 1731/2011 BEFORE THE HON’BLE MRS. JUSTICE ANIMA HAZARIKA Heard Mrs. S Bora, learned counsel appearing for the petitioners. Also heard Ms M Gogoi Medhi, learned SC, Education Deptt. Considering the grievance raised in this petition and as agreed to by th e learned counsel appearing for the parties, this writ petition is being dispose d of at the motion stage itself without issuing notice to the respondent No.5. The petitioner No.1 is the Teteliguri ME School at No.65/68 Grant villag e commonly called Teteliguri village under Dongibil Post Office of Lakhimpur dis trict. The school was recognized by the Government of Assam in 1992. The school authority appointed six teachers including petitioner No.2 and one Sri Abenjer B arjo, as the Headmaster at the time of establishment of the school, though he wa s not a graduate. The appropriate authorities in the education department while recognizing the school in 1992 imposed the condition for appointing a person as Headmaster who is having a Graduate degree. However, said Abenjer Barjo continue d as Headmaster of the school for about 12 years. Upon repeated directions from the education department the school authorities ultimately removed said Abenjer Barjo from the post of Headmaster and appointed the petitioner No.2 as the Headm aster of the school which was approved by the department. Feeling aggrieved, the said Abenjer Barjo with the help of some other persons es tablished a separate school in the same name as the petitioner’s school at a dis tance of about 1 km. The school authorities requested them to return to the orig inal school by closing down the new school and they also agreed to do so in writ ing. However, they remained with their new school. The authorities of the petiti oner’s school finding no alternative had to appoint new teachers as required so that it could function properly. Thereafter, the petitioner’s school made severa l representations to the respondent authorities to desist from providing financi al assistance to the newly established school and to pass necessary order to clo se it down as it was a broken away school. More so, it is not justified to have two schools within a distance of 1 km as per departmental norms. However, the sa me have evoked no response till date. When the matter rested as thus vide letter dated 22.7.2010, the respondent No.3 has directed the President/Secretary, Scho ol Managing Committee of the petitioner’s school directing to submit documents/p articulars mentioned in the said letter itself for providing financial assistanc e for the year 2007-2008 selected during the year 2009-2010.Pursuant to the afor esaid letter, the petitioner submitted all the particulars as sought for. But re cently, the petitioner has come to know from a reliable source that the arrangem ents are being made to provide the financial assistance to the newly established school by depriving the petitioner’s school for which the school is legally ent itled to. Immediately after coming to know about the same, the school authority as well as the local public of the area has submitted representation again on 15 .2.2011 before the Deputy Commissioner, Lakhimpur. But, till date, no action has been taken by the authority on the aforesaid representation. Hence, this writ p etition has been filed by the petitioner apprehending that the authority may dis burse financial assistance to the newly established school and in that event, th e petitioner’s school would suffer immensely. Considering the matter in its entirety and the grievance raised as well as upon perusal of the materials available on record, the respondent No.2, i.e. the Dire ctor of Elementary Education, Assam is hereby directed to depute one officer in the rank of Deputy Director, Elementary Education, to make an enquiry with regar d to the grievance raised by the petitioners. The officer after giving notice to the parties regarding date, place, time etc. for hearing shall hear both the au thorities of the school, i.e. The Teteliguri ME School, No.65/68 Grant (Teteligu ri), the Headmaster being Md. Jamaluddin Ahmed and the Teteliguri ME School, the Headmaster being Sri Abenjer Barjo. The officer after hearing both the parties in person and upon perusal of the materials available on record submitted by bot h the parties shall pass an order as to which school is entitled to for the fina ncial assistance for the year 2007-2008, selected during the year 2009-2010. It is also made clear that till such order is passed, no financial assistance sh all be disbursed. The whole exercise shall be completed within a period of 6 (six) weeks from the date of receipt of a certified copy of this order. With the aforesaid direction, this writ petition stands disposed of. No costs.