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2011 Supreme(Gau) 807
GAUHATI HIGH COURT
K.Meruno, J.
Ratan Choudhury -Appellant
Versus
State of Meghalaya represented by Commissioner & Secretary Education Department Govt.of Meghalaya -Resopndent
WP(C) No.(SH)124 of 2011
Decided On : 26-09-2011
For the petitioners:Mr MF Qureshi, Ms K Chisa, Adv., For the respondents: Mr H Kharmih, GA
The duty of respondents to act promptly under Section 20 of the Meghalaya School Education Act, 1981.
Headnote:
Meghalaya School Education Act, 1981 - Managing Committee - Section 20(1)
Fact of the Case:
The petitioners, President and Secretary of a school's Managing Committee, challenged the Inspector of Schools' decision to keep the committee in abeyance, citing violation of the Meghalaya School Education Act, 1981 and principles of natural justice.
Finding of the Court:
The court found that the Inspector of Schools had not disposed of the petitioners' representation dated 15.03.2011, causing inconvenience to the school and its students. The State respondents were directed to dispose of the representation within 30 days.
Issues: Violation of Meghalaya School Education Act, 1981, principles of natural justice, and indefinite suspension of Managing Committee.
Ratio Decidendi: The court emphasized the duty of the respondents to act promptly under Section 20 of the Meghalaya School Education Act, 1981 and directed them to dispose of the petitioners' representation within 30 days.
Final Decision: The writ petition was disposed with the direction for the State respondents to dispose of the petitioners' representation within 30 days.
Heard Mr MF Qureshi, the learned counsel for the petitioners and Mr H Kharmih, the learned State counsel.
2. Mr MF Qureshi, learned counsel for the petitioners submits that the Managing Committee of Kalapani Govt. Aided Secondary School, Chibinang, West Garo Hills District, Meghalaya was constituted by the Inspector of Schools, for a period of 3(three) years on 22.12.2009 wherein the petitioners were the President and Secretary. That the Respondent No.3, the Inspector of Schools, West Garo Hills, Tura, while exceeding its jurisdiction in utter disregard to the provision of the Meghalaya School Education Act, 1981 had kept the Managing Committee of the aforesaid school in abeyance vide Order No. SWG/MC/AH-118/10/1497-1500 dated 30.04.2010 on the alleged ground that majority of the Managing Committee members already submitted their resignations letter, therefore the Managing Committee of the school was taken over by the Inspector of Schools, Respondent No.3. That the respondent No.3, the Inspector of Schools, West Garo Hills, Tura, passed the impugned order dated 30.04.2010 without giving a reasonable opportunity to the petitioners of showing cause of the proposed action, hence, the respondent No.3 acted in violation of Section 20(1) of the Meghalaya School Education Act, 1981 and also against the principle of natural justice. The Petitioners approached the respondent No.3 on several occasions and submitted a joint representation dated 15.03.2011 signed by the majority of the members of the Managing Committee with a request to restore the Managing Committee of the school in question but the respondent No.3 neither restored the Managing Committee of the school nor assigned any reason whatsoever. Hence this writ petition claiming for the following reliefs:-
“i. Admit this writ petition.
ii. Issue Notice calling upon the Respondents to show cause and call for records.
iii. Issue an appropriate Writ/Order or direction in the nature of Certiorari quashing the impugned order under Memo No.SWG/MC/AH-118/10/1497-1500 dated 30.04.2010 passed by the Respondent No.3, the Inspector of Schools, West Garo Hills District, Tura.
iv. Issue an appropriate writ, order or direction in the nature of Mandamus commanding the Respondent No.3, the Inspectors of Schools, West Garo Hills District, Tura to restore the Managing Committee of Kalapani Govt. Aided Secondary School.
v. And upon cause being shown and after hearing the parties be further pleased to make the Rule absolute.
vi. And be further pleased to pass such order/orders as your Lordship may deem fit and proper.”
3. The State respondents have also filed their affidavit-in-opposition. Mr Kharmih, the learned Govt. Advocate submits that the case of the respondents has been elaborately explained which are contained in paragraph 7 and 8 of the affidavit-in-opposition of the respondents. For better appreciation of the stand of the State respondents paragraphs 7 and 8 of the affidavit-in-opposition is reproduced herein below:-
“7. That with regard to the averment made in paragraph 5 and 6 of the petition the answering respondent beg to state that the proceeding of the meeting of the Managing Committee held on 3.4.2010 was submitted in the office of the Respondent No.3 wherein the Managing Committee has taken a resolution to place the Headmaster under suspension for his activities which are against the interest of the school and to handover charge to the Asst. Headmaster. As stated earlier the resolution of the Managing Committee to terminate the Headmaster was not approved due to the opposition of the students and also two of the members of the Managing Committee separately vide letter dated 4.4.2010 addressed to the Respondent No.3 requested him not to approve the resolution of the Managing Committee as they are not aware of the resolution and it was taken without their consent and not knowing anything about the meeting. Moreover, seven members of the Managing Committee vide letter
