WP(C) 162/2005 BEFORE HON’BLE MR. JUSTICE T VAIPHEI Heard Mr RK Talukdar, the learned counsel for the petitioner and Mr M Khataniar, the learned Standing Counsel, Education Department, Govt. of Assam. None appear s for the respondents No. 6 and 7 despite of proper serve of notices upon them. The writ petition is directed against the forcible collection of admission and t uition fees from the students of Murajhar Higher Secondary School, District Naga on, Assam. According to the petitioner, the Inspector of Schools, Nagaon Distric t issued the Instruction dated 25.3.2004 (Annexure 8) prohibiting the collection of Admission Fees and Tuition Fees from any of the students of Upper Primary Sc hool i.e. Class V to Class VIII. The respondents No. 6 and 7 during their respe ctive tenures, contrary to the said standing order of the Inspector of Schools, Nagaon District started forcible collection of Admission Fees and Tuition Fees f rom the students of these classes. Aggrieved by this, this writ petition has be en filed for appropriate direction. The standing order of the Inspector of Scho ols, Nagaon District, Circle Nagaon are in the following terms : GOVT. OF ASSAM OFFICE OF THE INSPECTOR OF SCHOOLS NAGAON DIST, CIRCLE NAGAON, ASSAM NO.4609-738 Dt 25.3.2004 From : Sri NC Pegu Inspector of Schools, Nagaon Dist, Circle Nagaon To The Heads of the all composite School Sub Collection of Fees by the school Ref 1. DSE’s letter No. ET/SSA/2/2004/14 dt 4.3.04 2. SSA/CP-EB/ENROLMENT DRIVE/4/4711 DT 20.2.04 3. SSA/SMC/CONTROL/145/2002/PT/4768 DT 26.2.04 Sir, In inviting a reference to the Govt, letter on the subject quoted above, I have the honour to say that as per Govt., letters noted above, admission fees should not be collected from any of the student of upper primary school i.e. V to VII As such you are hereby requested not to collect admission fees from the upper primary students and also requested not to refuse any student to admit in the school in Class V if there is no other schools within the distance of 3 kilo metres. In case of lack of accommodation or shortage of teachers, you may conta ct DMC, for additional Class Room or Siksha Sarathi (SS). Yours faithfully, Sd/ Inspector of Schools Nagaon Dist, Circle Nagaon. Prima facie, the petitioner has made out a clear case for interference of this C ourt inasmuch as the respondents No. 6 and 7 have violated the standing order. No affidavit-in-opposition is filed by either of the private respondents. On ea rlier occasions, they have been represented by their respective counsel. The su bmissions of the learned State counsel is that as the dispute is between the pet itioner on the one hand and the respondents No. 6 and 7 on the other hand, it is not necessary for the State respondents to file their affidavit-in-opposition. When a prima facie case has been made out by the petitioner and when the privat e respondents do not come forward and contest the writ petition, I have no alter native but to hold that the case projected by the petitioner is true. In other words, I can safely presume that the private respondents jointly or separately h ave forcibly and unauthorizedly collected the Admission Fees and Tuition Fees fr om the students of Class V to Class VIII, which is in contravention of the stand ing order issued by the Inspector of Schools-respondent No. 5. Resultantly, thi s writ petition succeeds. The respondents No. 6 and 7 are accordingly directed n ot to collect any Admission Fees and Tuition Fees from the students of Class V t o Class VII of Murajhar Higher Secondary School, Nagaon District. The interim o rder passed earlier is accordingly made absolute. No order as to costs.