BHAITBARI DEFICIT U.P. MADRASSA (SCHOOL) Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) HEARD Mr. S. Dey, learned counsel for the petitioner and Mr. N.D. Chullai, learned Sr. GA assisted by Mr. R. Gurung, learned GA appearing for the respondents No. 1 -4.

(2.) CONSIDERING the limited prayer sought for in the present writ petition i.e. for a direction to reconstitute the Managing Committee of Bhaitbari Deficit U.P. Madrassa School, West Garo Hills District, Meghalaya after the expiry of the terms of the present Managing Committee in accordance with the rules, this writ petition is taken up for disposal at this stage.

(3.) AS the Secretary of the Managing Committee or President of Managing Committee failed to submit the proposal for recommendation of the new Managing Committee, the Sub -Divisional School Education Officer, Dadenggre under her letter being No. SDSEOD/M -9/2014/4278 dated Dadenggre the 21st Jan., 2014 (Annexure -2 to the writ petition) requested the Headmaster of Bhaitbari Deficit U.P. Madrassa to convene a General Public Meeting for reconstitution of the new Managing Committee and to submit the resolution copy to the office for necessary approval at an early date. Inspite of the said directions from the Sub -Divisional School Education Officer under the said letter dated 21.01.2014, there was no response from the side of the Headmaster. As there was no proposal for reconstitution of the new Managing Committee even after the expiry of the term of the last Managing Committee, the District School Education Officer under his letter dated 30.01.2014 again directed the Headmaster of Bhaitbari Deficit U.P. Madrassa School to constitute the Managing Committee. Again, the Sub -Divisional School Education Officer, Dadenggre, West Garo Hills under her letter dated 02.02.2014 directed the Headmaster of Bhaitbari Deficit U.P. Madrassa School for reconstitution of the Managing Committee. As the Secretary, Managing Committee, Bhaitbari Deficit U.P. Madrassa School failed to convene the General Public Meeting for constitution of the Managing Committee of the School, the Secretary, New Bhaitbari VEC issued information to all the public that there will be a General Body Meeting on 09.03.2014 at 10:00 AM in the Bhaitbari Deficit U.P. Madrassa School premises as the term of the school Managing Committee had expired on 31.03.2013. It is stated that pursuant to the said public information, the General Body Meeting was held on 09.03.2014 for election of the Managing Committee of the said school. The resolution of the said General Body Meeting had been forwarded to the Sub -Divisional School Education Officer, Dadenggre, West Garo Hills (Annexure -10 to the writ petition) for approval of the said newly constituted Managing Committee. As there was no response from the side of the authority, the petitioner approached this Court by filing the present writ petition.