KISHON KHARSAHNOH Vs. STATE OF MEGHALAYA AND ORS

JUDGEMENT

(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:-