An authority cannot ask or dictate the competent authority to nominate person or persons as nominated members in the Managing Committee of a school in his official capacity or in discharge of his duties or under his jurisdiction vested upon him by rule or by law.

Upon hearing the learned counsel for the parties, it appears to me that the present writ petitioners made a prayer in this writ petition, for a direction to the respondent Nos. 1,2 and 3 to withdraw, recall or otherwise forebear from giving effect to the impugned order dated 10.1.97 bearing No.IS/M-4/252-70 issued by the Inspector of Schools, East Khasi Hills District, Shillong as in Annexure IV to the writ petition, reconstituting the Managing Committee of the Nehru Memorial High School, Umsning or in the alternative to quash the impugned order of 10.1.97 (Annexure 4).

2. According to the writ petitioners, they are all citizens of India belonging to the Khasi Scheduled Tribe and are Headmen often villages namely - (i) Nongkya, (ii) Umsning, (iii) Sohliya, (iv) Nongiri, (v) Unsaitsning, (vi) Lumnohgrim, (vii) Umtrew, (viii) Umran Diary, (ix) Umran Niangbyrnai and (x) Nongthymmai and they are all permanent residents of their respective villages under Ri-Bhoi District, Meghalaya.

3. In the year 1962, these 10 villages under their respective headmen founded the school known as Nehru Memorial School which is hereinafter referred to as school and constituted the sponsoring body of the said school and since the date of its inception, either the headmen or the prominent members of the said 10 villages have been managing the said school or have nominated the Managing Committee wherein they have also been members. After becoming a Govt. Aided School, the Managing Committee of the said school had to be approved by the respondent No.3 namely the Inspector of Schools, East Khasi Hills District, Shi Hong, the appropriate authority in the matter. It is also the case of the writ petitioners that the Managing Committee of the said school are terminated by the headmen or representatives of the 10 villages mentioned above. The said Managing Committee also consists of teachers, guardians and donors representatives. In the year 1992, the last Managing Committee was constituted for a period of 3 years as provided for in the rules and its term expired on 8.5.95. As there were many complaints with regard to mis-management and financial irregularities, committed by the respondent Nos. 4 and 5, the present petitioners submitted that a new Managing Committee should be constituted as per rules and procedure and they demanded for an appropriate enquiry from the competent authority with regard to the aforesaid financial irregularities committed by the respondent Nos. 4 and 5. Representation dated 9.9.95, Annexure 1 to the writ petition relates to complaint with regard to the aforementioned irregularities and mis-management and the demand for an enquiry from the end of Director of Public Instructions, Meghalaya, Shillong. Petitioners also urged the competent authority including the respondent No.3 by filing representation dated 11.9.95 as in Annexure 2 to the writ petition for immediate dissolution of the then Managing Committee due to the mal-practice and corruption perpetrated by some of its members. Due to public pressure concerning the affairs of the said school, the management of the said school was taken over by the Govt. vide order/letter dated 29.3.96 and thereafter, an ad-hoc Managing Committee was constituted by the competent authority pending final settlement and constitution of a new Managing Committee, On 22.5.96, a special meeting of the Headmen, Secretaries and representatives of the 10 sponsoring villages was held to elect new members for constitution of a new Managing Committee and accordingly, the petitioner No. 1 along with the proposed Secretary of the new Managing Committee wrote to the respondent No.3 vide letter dated 22.5.96 as in Annexure 3 to the writ petition informing the latter about the resolution of the sponsoring body and for approval of the new Managing Committee duly constituted by them. Instead of approving the resolution mentioned above, the respondent No.3, by his order dated 10.1.97 as. in Annexure 4 to the writ petition

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