The court ruled that the reconstitution of a School Managing Committee must comply with statutory requirements, emphasizing the role of Head Teachers as Secretaries, and found the impugned order illegal.

JUDGMENT :

H.S. THANGKHIEW, J.

1. Heard the learned counsel for the parties.

2. The petitioner who is the presently the Assistant Teacher and erstwhile Head Teacher of Nongdomsynrang L.P. School by way of the instant writ petition has challenged the reconstitution of the Managing Committee of the said School, which has received the approval vide order dated 19.01.2024.

3. Mr. L. Shongwan, learned counsel for the petitioner has submitted that the re-constitution of the new Managing Committee, which has been approved vide the impugned order was not to the notice and knowledge of the stakeholders, and the re-constitution by appointing the respondent No. 4, who is the Assistant Teacher/Secretary is in violation of the order dated 30.05.1996, issued by the Director of Public Instructions, wherein it is provided that except for a minority School, all Head Teachers of Non-Government Aided Primary School shall function as Secretaries of the School Managing Committee. He further submits that this position has been reiterated in Page-30 of the additional affidavit and at Rule 13 clause 4 of the Rules, which deals with the composition and functions of the School Managing Committee. He also submits that the re-constitution being against the prevalent Rules, as also the re-designation of Head Teacher and Assistant Teacher being against the norms, the impugned order being bad in law, the same is liable to be interfered with.

4. Mr. N.D. Chullai, learned AAG assisted by Mr. H. Abraham, learned GA for the respondents Nos. 1 & 2, has referred to the additional affidavit filed by the State respondents on 01.08.2024, whereby at Para-2 thereof, the State respondents have categorically stated that the Managing Committee of the School was not constituted as per the Meghalaya Right to Children to Free and Compulsory Act and Rules. In this context, the learned AAG has drawn the attention of the Court to Sections 2 (f) and 2 (n) (i) of the Right of Children to Free and Compulsory Education Act, 2009, to show that the School in question comes under the purview of the Act. He therefore submits that as the Managing Committee has been constituted in contravention of Rule-13 thereof, the same should be annulled and a fresh re-constitution to be done as per the mandate of the Act.

5. Mr. H.L. Shangreiso, learned Senior counsel assisted by Mr. T. Dkhar, learned counsel for the respondents Nos. 3 & 4, has raised strong objections to the submissions made by the learned counsel for the petitioner, as also by the learned AAG for State respondents, and submits that there is a contradiction in the provisions as applicable, inasmuch as, normally a School Managing Committee is to be constituted for 3 years, whereas the Rules have provided that in an Aided School the Managing Committee is to be re-constituted every 2 years. He further submits that the said Managing Committee, under question has been validly constituted by the Sponsoring Body comprising of parents, guardians as required. He therefore, submits that there being no anomaly in the re-constitution, the writ petition deserves no consideration and is liable to be dismissed. Before concluding, he has also prayed that some more time be allowed to the respondent No. 4, to bring on record other materials to substantiate the legality of the proceedings.

6. Heard the learned counsel for the parties.

7. On the prayer made by the learned counsel for the respondents Nos. 3 & 4, this Court is not inclined to further lengthen the process, inasmuch as, from the competent authorities an affidavit has been brought on record, wherein at Para-2, categorical statements have been made as to the issue in question. In the said affidavit filed by the Director of School Education at Para-2, it has been stated as follows:-

“2. That in exercise of the powers conferred by Section-38 of the Right of Children to Free and Compulsory Education Act 2009. The Government of Meghalaya, Education Department vide Notification dated 1st August, 2011 ha