ORDER

JUDGMENT&ORDER (CAV) [1] Heard Mr. Th. Henba, learned counsel appearing for the petitioners, Mr. S. Nepolean, learned GA appearing for the State and Mr. Kh.

Tarunkumar, learned senior advocate assisted by Ms. Kh. Nirmala, Advocate appearing for the respondents No. 4 to 8.

[2] In the year 1972, the Sakhi Devi Girls’ High School was established in the name of the mother of petitioner No. 1. Vide order dated

29.08.1974, the constitution of the said school was approved by the Government of Manipur and also directed to form regular committee based on the constitution. The petitioner No. 1 is the founder of the school, petitioner No. 2 is one of the donors and petitioner No. 3 is one of the subscribers of the school. On 01.10.1980, the Government of Manipur had Page 3 sanctioned Grant-in-aid to the school with 3(three) numbers of approved teaching staff and 1 number of approved non-teaching staff.

[3] As per the approved rule i.e. The Manipur Aided High and Higher Secondary School (Managing Committee) Rules, 1975 vide order dated 30.01.1975, every Government Aided High School shall be governed by a Managing Committee. Accordingly, first Managing Committee of the school, after having sanction of government Grant-in-Aid School vide order dated 01.10.1980, was formed and the same was sent for approval to the Inspector of Schools, the Managing Committee consisting of 9 (nine) members was approved vide order dated 22.12.1980 of the Inspector of Schools, Zone-I, Government of Manipur.

[4] As per the Rules, 1975, after election and nomination of the members are over, all the members of the managing committee shall elect the president and secretary simultaneously from amongst the members, but head master and teaching representatives shall not be eligible for the said election.

[5] Since the managing committee constituted vide order dated 23.09.2017 is going to expire, the respondent No. 3 i.e. ZEO (Z-I) informed the head master of the school (respondent No. 4) through official letter dated 20.07.2020 to submit the name of the members for constitution of new managing committee as per the Rule, 1975. Based on the meeting the school managing committee held on 08.08.2020, resolutions have made in connection with election of guardian representatives to be held on

14.10.2020, enlistment of other members for constitution of new SMC (school management committee) in time and publication in local daily for advertisement of necessary information for the election as per the resolutions No. 1, 2 and 5 respectively.

[6] After holding election of guardian representatives on 14.10.2020 with 7 (seven) members whereby, M. Geeta Devi and H. Jina Sharma were elected uncontested as guardian representatives, a notification dated 18.12.2020 issued by the head master of the school for election of one donor and one subscriber representative for formation of the SMC to be held Page 4 on 13.01.2021 was published in local daily on 19.12.2020. However, the head master submitted a proposed list of SMC without representative of donor and subscriber on 16.02.2021 on the premises that the existing SMC expires on 16.03.2021 and the ZEO (Zone-I), Imphal West, Government of Manipur approved the SMC of the school constituted vide order dated 04.03.2021 of the ZEO (Zone-I), Imphal West, impugned herein, as per the resolution of the SMC meeting held on 14.10.2020. The order dated 04.03.2021 is reproduced herein below:

“Annexure – A/9 GOVERNMENT OF MANIPUR OFFICE OF THE ZONAL EDUCATION OFFICER, ZONE-I KHOYATHONG, IMPHAL – 795001 O R D E R S Imphal the 4th March, 2021 No. 6/6/2021-ED(Z-I)/Aided: The School Managing Committee of Shakhi Devi Girls’ H/S, Imphal (Aided) newly constituted as per resolution no. 1 and 2 of the School Managing Committee held on 14.10.2020 consisting of the following members is hereby approved with immediate effect.

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