Bhaitbari Deficit U. P. Madrassa (School) v. State of Meghalaya
2014-11-27
T.NANDAKUMAR SINGH
body2014
DigiLaw.ai
Judgment T. Nandakumar Singh, J. 1. Heard Mr. S. Dey, learned counsel for the petitioner and Mr. N.D. Chullai, learned Sr. GA assisted by Mr. R. Gurung, learned GA appearing for the respondents No. 1-4. 2. Considering the limited prayer sought for in the present writ petition i.e. for a direction to reconstitute the Managing Committee of Bhaitbari Deficit U.P. Madrassa School, West Garo Hills District, Meghalaya after the expiry of the terms of the present Managing Committee in accordance with the rules, this writ petition is taken up for disposal at this stage. 3. Bhaitbari Deficit U.P. Madrassa School is situated at Bhaitbari, Post Office Bhaitbari, Police Station Phulbari and was established in the year 1947 for the purpose of imparting education to the students of the said locality. The School is run by the Managing Committee consisting of President, Secretary and other members and it is the case of the petitioner, which is not disputed by learned Sr. GA appearing for the State respondents that the members of the Managing Committee of the school are elected among the villagers, teachers and well wishers of the school and constitution of the Managing Committee is to be approved by the Govt. under the Meghalaya Aided Higher Secondary, Secondary and Upper Primary Schools Management Rules, 1997. The school being a deficit school received all the grants from the Govt. The last Managing Committee of Bhaitbari Deficit U.P. Madrassa School was constituted and approved by the concerned authority of the Govt. of Meghalaya i.e. the Deputy Inspector of Schools & Jt. D.M.C., SSA, Dadenggri Civil Sub-Division, West Garo Hills vide order/letter No. DEO/W-9/201110/511 dated 05.05.2010. The terms and conditions for constitution of the Managing Committee are also mentioned in the said approval letter/order dated 05.05.2010 and under that approval order/letter dated 05.05.2010, the terms of the Managing Committee is three years and it will be mandatory to submit the proposal for reconstitution of the Managing Committee to the Govt. i.e. the Deputy Inspector of Schools & Jt. D.M.C., SSA, Dadenggri Civil Sub-Division, West Garo Hills along with the resolution of the General Body, recommendation of CRC and BMC and a copy of the approval of the previous Managing Committee at least one month before the expiry of the previous Managing Committee. The term of the previous Managing Committee expired on 31.03.2013.
D.M.C., SSA, Dadenggri Civil Sub-Division, West Garo Hills along with the resolution of the General Body, recommendation of CRC and BMC and a copy of the approval of the previous Managing Committee at least one month before the expiry of the previous Managing Committee. The term of the previous Managing Committee expired on 31.03.2013. This fact is not disputed by the learned counsel appearing for the parties. In pursuance of the said terms and conditions for approval of the Managing Committee under the said letter/order dated 05.05.2010, it will be mandatory to submit the proposal for reconstitution of the Managing Committee to the Deputy Inspector of Schools & Jt. D.M.C., SSA, Dadenggri Civil Sub-Division, West Garo Hills one month before the expiry of the previous Managing Committee. 4. As the Secretary of the Managing Committee or President of Managing Committee failed to submit the proposal for recommendation of the new Managing Committee, the Sub-Divisional School Education Officer, Dadenggre under her letter being No. SDSEOD/M-9/2014/4278 dated Dadenggre the 21st Jan., 2014 (Annexure-2 to the writ petition) requested the Headmaster of Bhaitbari Deficit U.P. Madrassa to convene a General Public Meeting for reconstitution of the new Managing Committee and to submit the resolution copy to the office for necessary approval at an early date. Inspite of the said directions from the Sub-Divisional School Education Officer under the said letter dated 21.01.2014, there was no response from the side of the Headmaster. As there was no proposal for reconstitution of the new Managing Committee even after the expiry of the term of the last Managing Committee, the District School Education Officer under his letter dated 30.01.2014 again directed the Headmaster of Bhaitbari Deficit U.P. Madrassa School to constitute the Managing Committee. Again, the Sub-Divisional School Education Officer, Dadenggre, West Garo Hills under her letter dated 02.02.2014 directed the Headmaster of Bhaitbari Deficit U.P. Madrassa School for reconstitution of the Managing Committee. As the Secretary, Managing Committee, Bhaitbari Deficit U.P. Madrassa School failed to convene the General Public Meeting for constitution of the Managing Committee of the School, the Secretary, New Bhaitbari VEC issued information to all the public that there will be a General Body Meeting on 09.03.2014 at 10:00 AM in the Bhaitbari Deficit U.P. Madrassa School premises as the term of the school Managing Committee had expired on 31.03.2013.
It is stated that pursuant to the said public information, the General Body Meeting was held on 09.03.2014 for election of the Managing Committee of the said school. The resolution of the said General Body Meeting had been forwarded to the Sub-Divisional School Education Officer, Dadenggre, West Garo Hills (Annexure-10 to the writ petition) for approval of the said newly constituted Managing Committee. As there was no response from the side of the authority, the petitioner approached this Court by filing the present writ petition. 5. After hearing the submissions of the learned counsel appearing for the parties and also on perusal of the record, it appears that the term of the present Managing Committee had already been expired on 31.03.2013 and new Managing Committee has not yet constituted. It is mandatory to submit the proposal for reconstitution of the Managing Committee of the said school i.e. Bhaitbari Deficit U.P. Madrassa School to the Deputy Inspector of Schools & Jt. D.M.C., SSA. 6. In the above factual backdrop, this writ petition is disposed of by directing the District School Education Officer, West Garo Hills, Tura to convene the General Body Meeting for election/constitution of new Managing Committee of Bhaitbari Deficit U.P. Madrassa School according to the rules within a period of two months from the date of receipt of a certified copy of this judgment and order; this judgment and order is passed taking into consideration of the interest of the students and also an important role played by the Bhaitbari Deficit U.P. Madrassa School in imparting school education to the students of the locality. 7. Writ petition is allowed with the above observations and directions.