Decided on October 03,2013

Kishon Kharsahnoh Appellant
State Of Meghalaya And Ors Respondents


- (1.) Heard Miss. SG Momin, learned counsel for the petitioner and Mr. ND Chullai, learned senior counsel assisted by Mr. H Abraham, learned GA appearing for the State respondents.
(2.) It appears from the pleadings as well as the submissions of the learned counsel appearing for the parties that the Govt. Primary Schools i.e. namely, Sohphoh Govt. LP School is having only one teacher and as a result, the students of the said Govt. Primary School are suffering because of the nonavailability of teachers.
(3.) The legislature of the State of Meghalaya enacted the Act called "Meghalaya Taking Over of District Council Lower Primary Schools Act, 1993" (for short 'the Act of 1993'). The said Act of 1993 had come into force w.e.f. 2nd June, 1994. This fact is not disputed by the learned counsel for the respondents. Under Section 6 of the said Act of 1993, even after the Govt. LP Schools have been taken over under the said Act of 1993, the movable and immovable properties and others assets of the schools are to be managed and administered by the Managing Committee of the schools. For easy reference, Section 6 of the said Act of 1993 is quoted hereunder:- "6. (1) A managing committee consisting of not more than ten members may be constituted by a village authority or durbar and such a managing committee shall require approval of the State Government and, unless so approved, shall not be deemed to have been validly constituted. (2) The State Government may nominate two of its officers to be ex-officio members of a managing committee referred to in sub-section (1). (3) In case a managing committee is not constituted as referred to in sub-section (1) the State Government shall constitute such a committee with members as it may deem fit to nominate. (4) Notwithstanding anything contained in this Section the State Government may, in the interest of the school at any time dissolve and reconstitute or direct that a managing committee be reconstituted. (5) The State Government may from time to time give directions to a managing committee for managing the affairs of the school and the committee shall comply with such directions. (6) Subject to the provisions of sub-section (5) the properties, movable and immovable, and other assets of a school so taken-over shall be managed and administered by the managing committee of the school. (7) The State Government may delegate all or any of the powers under sub-Sections (2), (3), (4) and, (5) to an officer not below the rank of a Deputy Inspector of schools.";

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