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IN THE HIGH COURT OF MANIPUR AT IMPHAL
Lanusungkum Jamir, J.
Nameirakpam Nodiachand Singh & Ors. - Appellants
Versus
State Of Manipur & Ors. - Respondents
WP(C) No. 822 of 2017
Decided On : 08-02-2022
SMC Meeting - School Management Committee - Manipur Aided Secondary Schools (Management Committee) Rules, 1975 - Rules 7, 11, 12, 13, 14 - The court discussed the validity of the resolutions passed in the emergency meeting and SMC meeting, highlighting the lack of quorum and violation of meeting notice rules. The court set aside and quashed the impugned orders appointing/promoting temporary teachers at Sakhi Devi Girls' High School.
Fact of the Case:
The petitioners and respondent Nos.3, 4, 5, 6, and 9 were elected as members of the Management Committee of Sakhi Devi Girls High School. The petitioners objected to the inclusion of respondent Nos.5 and 6 due to criminal involvement and non-local residency. Subsequent meetings and resolutions led to the appointment/promotion of respondent Nos.7 to 10 as temporary teachers.
Finding of the Court:
The court found that the emergency meeting and SMC meeting lacked quorum and violated meeting notice rules. The resolutions passed in these meetings were deemed invalid and set aside. The impugned orders appointing/promoting temporary teachers were quashed.
Issues: Validity of resolutions passed in the emergency meeting and SMC meeting, compliance with quorum and meeting notice rules, and the legality of the appointment/promotion of temporary teachers.
Ratio Decidendi: The court held that the emergency meeting and SMC meeting lacked quorum and violated meeting notice rules, rendering the resolutions invalid. The appointment/promotion of temporary teachers was set aside and quashed.
Final Decision: The writ petition was allowed, and the impugned orders appointing/promoting temporary teachers at Sakhi Devi Girls' High School were set aside and quashed.
JUDGMENT
1. The petitioners along with the respondent Nos.3, 4, 5, 6 and 9 were elected as members of the Management Committee of the Sakhi Devi Girls High School in the General Body Meeting held on 24.10.2013. The Zonal Education Officer/Zone-1, Government of Manipur vide order dated 26.12.2013 approved the formation of the School Management Committee. Thereafter, the petitioner No.1 submitted an objection to the ZEO, Zone-1 on 26.12.2013 against the inclusion of respondent Nos.5 and 6 as members of the School Management Committee on the ground that the respondent No.5 is involved in a criminal case and respondent No.6 cannot be a local educationist inasmuch as he is not a local resident of Uripok Constituency wherein the Sakhi Devi Girls' High School is located.
2. During the pendency of the objection filed by the petitioner No.1, the first meeting of the members of the School Management Committee of Sakhi Devi Girls' High School, for conducting election of the President and Secretary of the School Management Committee was held on 26.02.2014 comprising of only 5 (five) members and in the absence of the petitioner and another four members. In the said meeting, the respondent Nos.5 and 6 were elected as Secretary and President of the School Management Committee and one Smt R.K.Sanajaobi Devi, an Unapproved Teacher of the School was recommended as teacher representative in the School Management Committee (SMC).
3. Against the said election of the President and Secretary of the SMC, the petitioner submitted representations to the concerned authority. However, the said representations were not considered. In the meantime an emergency meeting of the SMC of Sakhi Devi Girls' High School was held on 21.02.2015 at the residence of the President of the SMC, without giving any notice or information to the members of the SMC including the petitioners. In the said emergency meeting, only the President, Secretary and the Ex-officio member (respondent Nos.6, 5 and 9) were present and the rest of the members of the SMC were absent. In the said emergency meeting held on 21.2.2015 the following four resolutions were passed:
'Resolution No.1. The meeting resolved that (1) Smt W.Nalini Devi Undergraduate Teacher Govt approved (seniormost staff in the school both in service and grade next to Smt Mangolngabi Graduate Teacher retired on superannuation) staff to be promoted to the post of Graduate Teacher vacated by Smt K.Memthoi Devi Retd on superannuation.
(2) Smt RK Sanajaobi Devi Sr.most uapproved is recommended for appointment as Graduate Teacher post vacated by Smt L.Haripriya Devi Rtd on superannuation.
(3) Smt T.Bimolini Devi 2nd seniormost unapproved staff is recommended for post of Under Graduate vice Smt W.Nalini Devi promoted to Graduate.
Resolution No.2. The meeting considering the retiring staff Smt N.Mangolnganbi Devi it was further resolved that Smt T.Bimolini Devi be recommended for promotion to the Graduate Teacher post vacated by Smt Mangolnganbi Devi and Smt Kh.Anita Devi 3rd senior-most staff be recommended for filling up the resultant vacancy caused by the promotion of Smt T.Bimolini Devi to the post of Graduate Teacher.
Resolution 3. The meeting further resolved that the proceeds of the meeting be communicated to the concerned ZEO.
Resolution 4. It was further resolved that Shri Th.Ibopishak Singh President SMC is recommended to represent the school in the ensuing DPC being arranged in the Directorate of Education (S).'
4. Another meeting of the members of the SMC and Staff Members of the Sakhi Devi Girls' High School was held on 23.7.2016 without giving any notice or information to the petitioners and only 5 (five) members of the SMC including the Chairman were present and Resolution No.4 passed in the said meeting reads as under:
'Resolution No.4. Today's meeting also discussed minutely the recommendation submitted earlier for conversion of Smt RK Sanajaobi Devi as graduate teacher and her retiring date which falls on 31.08.2016. The
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