Neelkant Rao v. Head Master, Government Higher Primary School, Alur (B), Gulbarga District
2009-01-07
H.G.RAMESH
body2009
DigiLaw.ai
ORDER H.G. Ramesh, J: In this writ petition, the petitioner is challenging the letter dtd.29.8.2008 (Annexure-C) issued by the Member of the Legislative Assembly, Aland Taluk to the Block Education Officer, Aland constituting a new School Development and Monitoring Committee (SDMC) to monitor the activities of the Government Higher Primary School, Alur (B) and the consequent communication dtd. 5.11.2008 (Annexure-D) sent by respondent No.2-Block Education Officer to the Head Teacher of the School. 2. Learned Government Advocate appearing for respondent No.2 rightly submits that under the Karnataka Grama Panchayat's (School. Development and Monitoring Committees) (Model) Bye-Laws, 2006 ('the Bye-Laws, 2006, a Member of the Legislative Assembly has no power to appoint SDMCs. In this context, it is relevant to refer to Bye-Law No.3 of the Bye-Laws, 2006 which reads as follows: "3. Constitution of SDMC.- a. The Civic Amenities Committee shall constitute a Grama Panchayat school Development and Monitoring Committee (SDMC) for each elementary school within the Panchayat Area. It shall delegate the task of constituting such SDMCs to Head Teacher of the said school. b. The SDMC shall consist of the following persons in the manner prescribed hereunder- i. The Head Teacher of the school, the health worker, and the Anganwadi teacher shall be ex-officio Members. ii. The Parents' Council shall elect nine representatives from amongst itself to the SDMC. The nine representatives shall include a minimum of three women, one representative each of the SC and ST communities, and one representative of a minority community. iii. Wherever possible, two students, one boy and one girl, from the senior-most class in the school, elected by the students of their respective classes, shall be the student-representatives in the SDMC. Explanation: Where the school is a boy's school, two boy representatives and where the school is a girls' school, two girl representatives from the senior-most class will have to be elected. c. Persons appointed under clause(b) above shall nominate the following persons to the SDMC, wherever such persons are available. i. One representative from the Yuvaka-Yuvathi Mandal or Self Help Group in the village; ii. One representative who is either an educationist residing in the village or is from NGOs/NPOs that operate in the village; Explanation: For the purpose of this provision, an educationist means any person who has completed graduation, and includes former or retired teachers. iii.
i. One representative from the Yuvaka-Yuvathi Mandal or Self Help Group in the village; ii. One representative who is either an educationist residing in the village or is from NGOs/NPOs that operate in the village; Explanation: For the purpose of this provision, an educationist means any person who has completed graduation, and includes former or retired teachers. iii. One donor of land or a person who has provided assistance in cash or kind, having a value greater than or equal to Rs. 10,000/- to the school;" (Underlining supplied) 3. As per the above referred bye-law, only the Civic Amenities Committee will have the power to constitute a SDMC for each elementary school within the panchayat area and it shall delegate the task of constituting such SDMCs to the Head Teacher of the concerned school. Therefore, It is obvious that a Member of the Legislative Assembly has no power to constitute SDMCs. In view of the above, I make the following order: The SDMC constituted for the Government Higher Primary School, Alur (B) by the Member of the Legislative Assembly by letter dated 29.8.2008 (Annexure-C) is quashed; the consequent communication sent by respondent No.2 to the Head Teacher of the School as per Annexure-D also stands quashed. Petition disposed of.