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Meghalaya High Court · body

2015 DIGILAW 39 (MEG)

Md. Abdul Malek v. State of Meghalaya

2015-03-30

T.NANDAKUMAR SINGH

body2015
ORDER 1. Heard Mr. HL Shangreiso, learned counsel for the petitioner, Mr. S Sen Gupta, learned GA appearing for the respondents No.1 & 2 and Mr. R Choudhury, learned counsel for the respondent No.3. Office note dated 16.03.2015 indicates that steps had been taken for service of notice to the respondents No.4 & 5 by registered post with AD, till date neither the AD nor registered post returned un-served. The service of notice of the present writ petition to the respondents No.4 & 5 shall deem to have been effected properly. None appears for the respondents No.4 & 5 without showing any cause. 2. Mr. S Sen Gupta, learned GA appearing for the respondents No.1 & 2 is not disputing that while constituting the Ad-hoc Managing Committee of Haripur Namabilla Higher Secondary School vide impugned order 02.03.2015 for a period of 90 (ninety) days through bona-fide mistake, one Shri. Rajiul Islam, who happens to be a student of the Haripur Namabilla Higher Secondary School, had been made as a Secretary of the Managing Committee. Mr. R Choudhury, learned counsel for the respondent No.3 contended that by the impugned order dated 02.03.2015, the Ad-hoc Managing Committee had been constituted for a period of 90 (ninety) days so that new Managing Committee could be constituted by following the prescribed procedures under the rules. 3. In the above factual backdrop, this Court put question to the learned counsel appearing for the parties as to the period required for constitution of the new Managing Committee. Learned counsel appearing for the parties also submit that the school is required to be managed by the new Managing Committee and as such, it is the submissions of the learned counsel appearing for the parties that the school needs the Managing Committee duly constituted under the rules. Mr. S Sen Gupta, learned GA appearing for the respondents No.1 & 2 contended that he needs instruction as to the time required for constitution of the new Managing Committee. However, Mr. HL Shangreiso, learned counsel for the petitioner and Mr. R Choudhury, learned counsel for the respondent No.3 submit at the Bar that two months’ time will be sufficient for constitution of the new Managing Committee of the school. Mr. However, Mr. HL Shangreiso, learned counsel for the petitioner and Mr. R Choudhury, learned counsel for the respondent No.3 submit at the Bar that two months’ time will be sufficient for constitution of the new Managing Committee of the school. Mr. S Sen Gupta, learned GA appearing for the respondents No.1 & 2 is also not disputing such submissions of the learned counsel for the petitioner and learned counsel for the respondent No.3. 4. This Court is of the considered view that the new Managing Committee is to be constituted for the better management of the school and also in the interest of the students. Accordingly, this writ petition is disposed of by directing the respondent No.2 i.e. Director of School Education & Literacy, Govt. of Meghalaya, Shillong to issue necessary instruction to the concerned officer of the Education department to complete the constitution of the new Managing Committee of the school i.e. Haripur Namibilla Higher Secondary School within a period of two months from the date of receipt of a certified copy of this judgment and order. It is also made clear that the petitioner and the private respondents shall also cooperate with the concerned officer of the Education department in constituting the new Managing Committee of the School. So as to enable the concerned authority to constitute a new Managing Committee as per directions of this Court, the impugned order dated 02.03.2015 is hereby set aside and the Principal of the School shall temporarily discharge the functions of the Managing Committee till the constitution of the new Managing Committee. 5. Writ petition is disposed of with the above directions. 6. Interim order dated 10.03.2015 also stands vacated.