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IN THE HIGH COURT OF MEGHALAYA AT SHILLONG
H.S. THANGKHIEW
Strickly Syiemlieh – Appellant
Versus
State of Meghalaya – Respondent
| Table of Content |
|---|
| 1. petitioner claims ownership of schools (Para 1 , 2 , 3 , 4) |
| 2. current status of managing committees (Para 5) |
| 3. inquiry findings on school management (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. community ownership of schools affirmed (Para 15 , 16 , 17) |
| 5. writ petitions closed and disposed (Para 18 , 19) |
JUDGMENT :
H.S. THANGKHIEW, J.
1. The writ petitioner in WP(C). No. 172 of 2021 is before this Court assailing an order dated 09-03-2021, whereby the new Managing Committee of Mawrapad L.P. School had been approved, by alleging that the same was without any basis and without holding a proper election or selection. A challenge has also been made to the non-approval of a Managing Committee constituted on 12-02-2020, with the petitioner as the President.
2. The writ petitioner in the above noted writ petition has asserted that though the Mawrapad L.P. School was established by the Dorbar Shnong of Mawrapad (respondent No. 7) in the year 1976, from 15-03-1980 onwards, the entire ownership and management of the said school had been handed over to the petitioner who thereafter, ran and managed the school for decades. As such, on this assertion, the writ petitioner has c
The court affirmed that schools established by a community must be managed by duly constituted committees reflecting community involvement, rejecting claims of individual ownership.
Point of Law : The specific objection on locus standi of petitioner to initiate Public Interest Litigation is not denied. The person prosecuting public interest litigation should not have any interes....
Administrative orders affecting civil rights require adherence to natural justice principles, including the opportunity for parties to be heard before such orders are enforced.
A Manager of a Committee of Management cannot initiate a writ petition without prior authorization from the Committee, thus impacting the maintainability of such petitions.
The main legal point established is the requirement for fair and just enquiry proceedings in cases of termination, ensuring the principles of natural justice are upheld.
Disputes over trust management and educational agency authority must be resolved in civil court, not through writs, especially when parties have ratified past actions.
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