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Meghalaya High Court · body

2015 DIGILAW 94 (MEG)

Lokaichar Secondary School, South West Garo Hills v. State of Meghalaya

2015-06-24

S.R.SEN

body2015
ORDER : The petitioner’s case in a nutshell is that: “1. That this is an application under Article 226 of the Constitution of India for issuance of Writ in the nature of Mandamus and or Certiorari and or any other appropriate Writ order or direction. 2. That the brief factual matrix of the case is that the Petitioner is the founder member of the school and on his initiative the School was granted Opening permission dated 27.09.2010, and thereafter constituted a Managing Committee which was duly approved by the competent authority dated 25.10.2010, and before expiry of the terms of the Managing Committee called for General Public Meeting and constituted Managing Committee of the School, dated 19.07.2013, and approved vide Order, dated 03.10.2013. 3. That the existing District of West Garo Hills was bifurcated during the month of May/June 2013, and named as South West Garo Hills, however, the District School Education Officer, Tura, performing dual function/duty for both the District, and it has not been handed over when the Managing Committee of the School was constituted and approved Vide Order, dated 03.10.2013. It is further stated that the Principal of Ampati Govt. Higher Secondary School, Govt. has given him Additional charge Vide Order, dated 21.08.2013, and to function as District School Education Officer, Ampati, before taking over the charge, however, without taking over the charge approved another Managing Committee of the said School by violating all the laid down procedure and prescribed Rules. 4. That being aggrieved by the Impugned Order, dated 11.10.2013, filed this instant writ petition and prayed to set aside and quashed the Impugned Order. 5. That this Petition is filed bonafide for the ends of Justice”. 2. Mr. A.H. Hazarika, learned counsel appearing for and on behalf of the petitioners submits that, at present there are two Committees, one Committee constituted vide order dated 03.10.2013 at Annexure-IV and another Committee has been constituted vide order dated 11.10.2013 at Annexure-VI. The learned counsel further contended that, the District School Education Officer, South West Garo Hills District, Ampati does not have the power to constitute two Committees vide orders dated 03.10.2013 and 11.10.2013. So, necessary directions may be passed. 3. On the other hand, Mr. N.D. Chullai, learned Sr. GA assisted by Mr. The learned counsel further contended that, the District School Education Officer, South West Garo Hills District, Ampati does not have the power to constitute two Committees vide orders dated 03.10.2013 and 11.10.2013. So, necessary directions may be passed. 3. On the other hand, Mr. N.D. Chullai, learned Sr. GA assisted by Mr. H. Kharmih, learned GA fairly submits that, the matter can be disposed of by setting aside both the Committees constituted vide order dated 03.10.2013 and 11.10.2013. 4. After hearing the submissions advanced by the learned counsel at Bar and after going through both the Annexures-IV and VI i.e. order dated 03.10.2013 and 11.10.2013, I find that, the two Committees has been constituted by the District School Education Officer, South West Garo Hills District, Ampati in a short span of time. What is the necessity to constitute two Committees? That could not be understood from the order. 5. In my view, the Committee is required for the benefit of the school in general and the students in particular. I am sure, if there are two Committees trying to administer the functioning of the school, it is going to hamper the entire administration of the school in general as well as the benefit of the students in particular. Therefore, I agree with the submission of Mr. N.D. Chullai, learned Sr. GA that, both the Committees need to be set aside. Accordingly, by this order, I hereby set aside the Annexures-IV and VI i.e. order dated 03.10.2013 and 11.10.2013 issued by the District School Education Officer, South West Garo Hills District, Ampati immediately and to constitute a fresh Committee with efficient and dedicated people who can really manage and lead the school in a better manner and to do something for the benefit of the students in particular and the Committee to be constituted in accordance with the rules and laws. 6. In a stop gap arrangement, the District School Education Officer, South West Garo Hills District, Ampati is hereby directed to look after the interest of the school in general and the students in particular till the new Committee is formed . Let the Committee be constituted within a month from the date of receipt of this judgment and order. 7. The Registry is directed to furnish a copy of this judgment and order to Mr. N.D. Chullai, learned Sr. GA immediately. 8. Mr. Let the Committee be constituted within a month from the date of receipt of this judgment and order. 7. The Registry is directed to furnish a copy of this judgment and order to Mr. N.D. Chullai, learned Sr. GA immediately. 8. Mr. S. Sen Gupta, learned GA for the respondents No. 6 and 7 is also present. 9. With these observations and directions, this instant writ petition is allowed to that extent and stands disposed of.