Ratan Choudhury v. State of Meghalaya represented by Commissioner & Secretary Education Department Govt. of Meghalaya
2011-09-26
K.MERUNO
body2011
DigiLaw.ai
JUDGMENT AND ORDER (ORAL) Heard Mr MF Qureshi, the learned counsel for the petitioners and Mr H Kharmih, the learned State counsel. 2. Mr MF Qureshi, learned counsel for the petitioners submits that the Managing Committee of Kalapani Govt. Aided Secondary School, Chibinang, West Garo Hills District, Meghalaya was constituted by the Inspector of Schools, for a period of 3(three) years on 22.12.2009 wherein the petitioners were the President and Secretary. That the Respondent No.3, the Inspector of Schools, West Garo Hills, Tura, while exceeding its jurisdiction in utter disregard to the provision of the Meghalaya School Education Act, 1981 had kept the Managing Committee of the aforesaid school in abeyance vide Order No. SWG/MC/AH-118/10/1497-1500 dated 30.04.2010 on the alleged ground that majority of the Managing Committee members already submitted their resignations letter, therefore the Managing Committee of the school was taken over by the Inspector of Schools, Respondent No.3. That the respondent No.3, the Inspector of Schools, West Garo Hills, Tura, passed the impugned order dated 30.04.2010 without giving a reasonable opportunity to the petitioners of showing cause of the proposed action, hence, the respondent No.3 acted in violation of Section 20(1) of the Meghalaya School Education Act, 1981 and also against the principle of natural justice. The Petitioners approached the respondent No.3 on several occasions and submitted a joint representation dated 15.03.2011 signed by the majority of the members of the Managing Committee with a request to restore the Managing Committee of the school in question but the respondent No.3 neither restored the Managing Committee of the school nor assigned any reason whatsoever. Hence this writ petition claiming for the following reliefs:- “i. Admit this writ petition. ii. Issue Notice calling upon the Respondents to show cause and call for records. iii. Issue an appropriate Writ/Order or direction in the nature of Certiorari quashing the impugned order under Memo No.SWG/MC/AH-118/10/1497-1500 dated 30.04.2010 passed by the Respondent No.3, the Inspector of Schools, West Garo Hills District, Tura. iv. Issue an appropriate writ, order or direction in the nature of Mandamus commanding the Respondent No.3, the Inspectors of Schools, West Garo Hills District, Tura to restore the Managing Committee of Kalapani Govt. Aided Secondary School. v. And upon cause being shown and after hearing the parties be further pleased to make the Rule absolute. vi.
iv. Issue an appropriate writ, order or direction in the nature of Mandamus commanding the Respondent No.3, the Inspectors of Schools, West Garo Hills District, Tura to restore the Managing Committee of Kalapani Govt. Aided Secondary School. v. And upon cause being shown and after hearing the parties be further pleased to make the Rule absolute. vi. And be further pleased to pass such order/orders as your Lordship may deem fit and proper.” 3. The State respondents have also filed their affidavit-in-opposition. Mr Kharmih, the learned Govt. Advocate submits that the case of the respondents has been elaborately explained which are contained in paragraph 7 and 8 of the affidavit-in-opposition of the respondents. For better appreciation of the stand of the State respondents paragraphs 7 and 8 of the affidavit-in-opposition is reproduced herein below:- “7. That with regard to the averment made in paragraph 5 and 6 of the petition the answering respondent beg to state that the proceeding of the meeting of the Managing Committee held on 3.4.2010 was submitted in the office of the Respondent No.3 wherein the Managing Committee has taken a resolution to place the Headmaster under suspension for his activities which are against the interest of the school and to handover charge to the Asst. Headmaster. As stated earlier the resolution of the Managing Committee to terminate the Headmaster was not approved due to the opposition of the students and also two of the members of the Managing Committee separately vide letter dated 4.4.2010 addressed to the Respondent No.3 requested him not to approve the resolution of the Managing Committee as they are not aware of the resolution and it was taken without their consent and not knowing anything about the meeting. Moreover, seven members of the Managing Committee vide letter 14.4.2010 have submitted their resignation, therefore if seven members resigned from the Managing Committee of the School only four members are left out of 11 members of the Managing Committee, so the Managing Committee lacks quorum. Hence the Inspector of Schools kept in abeyance the Managing Committee of the School and directed the Asst. Inspector of Schools, Tura, to take over charge of the management of the School vide letter Memo No. SWG/MC/AH-118/10/1496 dated Tura, the 30th April, 2010. 8.
Hence the Inspector of Schools kept in abeyance the Managing Committee of the School and directed the Asst. Inspector of Schools, Tura, to take over charge of the management of the School vide letter Memo No. SWG/MC/AH-118/10/1496 dated Tura, the 30th April, 2010. 8. That with regard to the averment made at paragraph 7 and 8 of the petition the answering respondent beg to state that the Managing Committee of the School cannot form a quorum as the majority of the members have already resigned. The Respondent No.3 again vide letter dated 19.10.2010 received resignation of one more member Shri Prodip Kr Saha, teacher representative. Therefore if already 8 members have resigned out of eleven only three members remained in the Managing Committee of the School. Further the respondent No.3 has received a complaint dated 9.2.2011 from three members of the Managing Committee informing him that their signatures have been fraudulently obtained on the pretext of filing a caveat petition before the Hon'ble Court and by giving false assurance.” 4. After hearing the learned counsel and after giving my anxious consideration in the whole matter, the impugned order dated 30.04.2010 has kept in abeyance the order dated 22.12.2009. No time limit of keeping the order dated 22.12.2009 in abeyance has been mentioned in the impugned order dated 30.04.2010. Accordingly as evident from para 8 of the writ petition the petitioners has submitted a representation to the respondents dated 15.03.2011 which till date has not been disposed of by the respondents and the activities of the school has been kept in animated suspension causing a lot of inconvenience to the school students as well as the staff of the school. In para 7 and 8 of the counter filed by the respondents there is no whisper of the said representation dated 15.03.2011 which has been annexed as annexure 3 to the writ petition. The school Managing Committee cannot be kept in abeyance for indefinite period which will cause a lot of inconvenience to the Management of the school as well as the students. It is the bonded duty of the respondents to act immediately so that the day to day administration of the school as well as the activities of the school students are not disturbed.
It is the bonded duty of the respondents to act immediately so that the day to day administration of the school as well as the activities of the school students are not disturbed. I am therefore of the considered view that since the representation of the petitioners dated 15.03.2011 has not been disposed of, the respondents are directed to dispose of the said representation dated 15.03.2011 by a speaking and reasoned order. The whole situation as projected in the present case can be sorted out by the State respondents, however, the Sate respondents are doing nothing to solve this problem which they could easily do even under the provisions of Section 20 of the Meghalaya School Education Act, 1981. It is therefore for the respondent to take appropriate steps in terms of Section 20 of the said Act, 1981. The said exercise of disposing the representation dated 15.03.2011 shall be completed within a period of 30 days from the date of receipt of a copy of this order. 5. With the above direction this writ petition stands disposed. In the fact and circumstances of the case no order as to cost is made.