WP(C) 677/2005 BEFORE THE HON’BLE MR. JUSTICE HRISHIKESH ROY Heard Mr. M. Kalita, learned Counsel appearing for the petitioner. The responden ts are represented by Ms. M. Gogoi Medhi, learned Standing Counsel. 2. The petitioner is an association of teachers serving in Middle English ( M.E) Schools and is represented by its General Secretary. They challenge the Mem orandum dated 12.1.2005 (Annexure-1) issued by the Government to all the Inspect or of Schools in the State, whereby direction was issued to finalize the amalgam ation proposals of M.E. Schools with High Schools, situated in the same campus. 3. Mr. Kalita refers to a later communication dated 1.2.2005 of the Commiss ioner and Secretary to the Government of Assam, Education Department which is no ted in the earlier Court’s order dated 2.2.2005, where it was stated that amalga mation of 2 same campus Schools is done only at the request of the Managing Comm ittees of both the schools and the decision is not forcibly imposed by the Gover nment. 4. The learned Counsel has also produced a communication dated 16.7.1983 is sued by the Government to the Director of Public Instruction (DPI), Assam, where also it was indicated that, no forcible amalgamation should be carried out and only when the two Managing Committees approve by independent Resolution(s), amal gamation should be ordered for such schools. 5. The Departmental Counsel submits in similar vain that amalgamation decis ion is not imposed from the top and unless the concerned schools in a single cam pus agree, the Government policy is not to foist amalgamation decision on the M. E. and High Schools. 6. Considering the above, it is clear that the impugned communication dated 12.1.2005 (Annexure-1) should not be forced upon unwilling schools located in the same campus and amalgamation should be undertaken only when, the concerned M .E. and High Schools resolve to amalgamate their schools. Therefore the directio n in the communication of the Government should be implemented only for consenti ng schools and not be forced upon unwilling M.E. and High Schools operating from a single campus. It is ordered accordingly. 7. A copy of the communication dated 16.7.1983 of the Government, addressed to the DPI, Assam, produced by the petitioners shall be kept in the case record .