Shyamaprasadpur Sumati Chanda M. E. School v. State of Assam
2018-03-19
ACHINTYA MALLA BUJOR BARUA
body2018
DigiLaw.ai
JUDGMENT & ORDER : 1. None appears for the petitioner when the matter is called upon. It is also noticed that when the matter was called on 13.02.2018, none had appeared. On 22.02.2018 the learned counsel for the petitioner stated that the petitioner No. 1, who was represented by the petitioner No.2 being the President of the Managing Committee of Shyamaprasdpur Sumati Chanda M.E. School had died during the pendency of the writ petition and therefore, the present President of the Managing Committee would be required to brought on record as the substituted petitioner No. 2. Thereafter, none appeared on 08.03.2018 and again on 15.03.2018. 2. From the prayer of the writ petition, it appears that the petitioner seeks for setting aside an order dated 29.07.2013 and to allow the School Managing Committee prevailing at that time to function in the Shyamaprasdpur Sumati Chanda M.E. School, Karimganj and also to disburse the financial assistance. By the order of 29.07.2013 the financial assistance was kept on hold inasmuch as, there was a dispute between the two Managing Committees of the same school with further allegation that the staff appointed by the earlier Managing Committee had been re-placed by a new batch of teachers by the subsequent Managing Committee. Mr. N. Sarma, learned standing counsel for the Education Department, states that the scheme providing for financial assistance has already been closed and at present the same is not in existence and therefore, no payment of financial assistance can be made. As regards the other prayer that the Managing Committee prevailing at the time of filing the writ petition be allowed to continue has as also lost its force inasmuch as, under Rule 31 (1) (I) of the Assam Right of Children to Free and Compulsory Education Rules, 2011 the tenure of the school Managing Committee is only for a period of three years. Therefore, the said prayer has also become in fructuous as three years have already elapsed in the meantime. 3. Accordingly, the writ petition stands closed. 4. However, it is provided that in the event the school is entitled to any financial assistance, the same may be provided by the authorities as per law.