JUDGMENT :

W. DIENGDOH, J.

1. The Mahendraganj Deficit Secondary School located at Ampati in the South West Garo Hills District of Meghalaya is under the purview of the District School Education Officer, who apart from other duties is to ensure that the School Managing Committee (SMC) is duly constituted a per the Right To Education (RTE) norms and guidelines.

2. Shorn of unnecessary details, it is seen that the said school was run and managed by a Managing Committee to ensure that the affairs of the school are properly managed for the welfare of the same.

3. Vide an office order dated 22.11.2012 being No. DSEL/SEC-NG/MC/5/2012/21, the Director, School Education and Literacy, Meghalaya, Shillong has prescribed the procedures and guidelines for holding of School General Meeting for election and selection of Members of School Managing Committee, the same is annexed to this petition as Annexure-3. The term of the incumbent School Managing Committee is usually approved for a period of three years.

4. It is the case of the Petitioner herein that the SMC of the Mahendraganj Secondary School had expired on 24.02.2018, for which the Headmaster (Respondent No. 5) was directed to convene a meeting at the earliest, of all stakeholders as per the RTE norms and guidelines. Eventually, the meeting for constitution of the SMC was held on 25.04.2018 at the school premises at 11:00 A.M. which was chaired by Shri Ranjit Modak. In the said meeting, copy of the proceedings is annexed as Annexure-5 to this petition, resolution No. 5 indicates that the Petitioner herein was unanimously selected as the President of the new Managing Committee of the school.

5. Vide letter dated 27.04.2018 (Annexure-6), the Headmaster of the school had brought out a list of the newly elected School Managing Committee members for a term of three years w.e.f. 26.04.2018 to 25.04.2021, also indicating the name of the Petitioner herein as the President.

6. Vide order dated 01.05.2018, the District School Education Officer, South West Garo Hills District, Ampati had issued an order, whereby the new SMC of Mahendraganj Deficit Secondary School was constituted for a term of three years w.e.f. 26.04.2018. This was informed to the Petitioner vide Memo No. DSEOA/SMC-SEC/A-4/2/2017/71, dated 01.05.2018. However, vide order dated 01.05.2018, the District School Education Officer had issued another order, whereby the earlier order passed in the course of the day with reference to Memo No. DSEOA/SMC-SEC/A-4/2/2017/71, dated 01.05.2018, was revoked. This information was also conveyed to the Petitioner vide Memo No. DSEOA/SMC(SEC)/A-4/2/2017/71-A, dated 01.05.2018.

7. It is this order of revocation of the constitution of the said SMC that was a subject matter of this instant petition and Mr. S. Dey, learned counsel for the Petitioner has submitted this Court may be pleased to direct the District School Education Officer, Ampati to decide on the issue of revocation and to consider the proposal of the headmaster for reconstitution of the SMC.

8. Mr. R. Gurung, learned GA for the State respondents No. 1-4 in his counter has submitted that the District School Education Officer, Ampati has filed an affidavit-in-opposition as Respondent No. 2 and has stated therein that there was a complaint with regard to the constitution of the SMC, since the same was not done in accordance with the norms and guidelines, inasmuch as, there was a difference of opinion, as regard the election of four members from amongst the guardians.

9. Mr. Gurung has also submitted that in any view of the matter, this petition has become infructuous, inasmuch as, the term of the SMC has since expired and fresh process has to be initiated for constitution of a new SMC. It is prayed that this matter may be disposed of accordingly.

10. Upon hearing the learned counsels for the parties, this Court on consideration of the submissions made and also after perusal of the averments made in this petition as well as the Annexure thereto, has