Judgement Date : 29/02/2016

Case No : WP(C) 1300/2016

BEFORE
THE HON'BLE MR JUSTICE HRISHIKESH ROY
THE HON'BLE MR JUSTICE MANOJIT BHUYAN

[Hrishikesh Roy, J.]

The 1st petitioner is an Association of the CBSE affiliated schools of Assam
and together with one of the member schools and their Secretary, they challenge
the vires of the Assam Non-Government Educational Institutions (Regulation and
Management) Act, 2006 (hereinafter referred to as the 2006 Act). The
advertisement issued on 08.10.2015 (Annexure-2) for registration of this
category of schools, is also under challenge by the petitioners.
Mr. S. Upadhyay, the learned counsel submits that the 2006 Act encroach
into the domain of the CBSE bye-laws approved by the Central Government and
therefore the state's enactment must have the concurrence of the President, for
it to be a valid law.
The petitioners also contend that the members of the petitioners' schools
are already affiliated and are governed by the CBSE regulation and therefore the
requirement to register under the State's 2006 Act, would be an unnecessary
exercise and a burden.
As other cases challenging the vires of the 2006 enactment are already
pending in the Court, let notice returnable in 4(four) weeks be issued. Mr. S.
Saikia, the learned standing counsel for the Secondary Education Department
accepts notice for respondent Nos.1 and 2. Mr. R.M. Deka, the learned standing
counsel for the Elementary Education Department accepts notice for respondent
No.3, while Mr. C.K.S. Baruah, the learned Central Govt. counsel and Ms. R. Bora,
the learned counsel accept notice for the respondent Nos.4 and 5 respectively.
Necessary extra copies be furnished to all the lawyers.
In the interim, having regard to the order passed by this Court in the
WP(C) No.1891/2008, the concerned CBSE schools should furnish their details to
the authorities to facilitate the preparation of the database of the nonGovernment institutions, but registration of the private schools should not be
insisted by the departmental authorities, under the 2006 Act.