SANTANU SANNYASHI Vs. THE STATE OF MEGHALAYA AND ORS.

JUDGEMENT

(1.) HEARD Ms. K. Chisa, learned counsel for the petitioner, Mr. ND Chullai, learned Sr. GA assisted by Mr. S. Sen Gupta, learned GA appearing for the respondents No. 1 -4 and Mr. A. Mabood, learned counsel for the respondents No. 5 -7.

(2.) THE only case of the petitioner in the present writ petition is that the constitution of the Managing Committee of Kalapani SSA L.P. School under the impugned order dated 26.03.2014 is in clear infraction of the Right of Children to Free and Compulsory Education Act, 2009 and also the Meghalaya Right of Children to Free and Compulsory Education Rules, 2011 framed under Section 38 of the Right of Children to Free and Compulsory Education Act, 2009. Mr. A Mabood, learned counsel for the respondents No. 5 -7 by referring to the decision of this Court, incidentally authored by this Court (T. Nandakumar Singh, J) in Ebrahim Miah & Anr v. State of Meghalaya & Ors: (2015) 2 NEJ 192 (Meg) contended that the composition of the School Managing Committee of Kalapani SSA L.P. School vide impugned order dated 26.03.2014 is as per the composition as provided under Section 11 of the Assam Education Department Rules and Orders. Mr. ND Chullai, learned Sr. GA appearing for the respondents No. 1 -4 contented that this Court passed the said judgment and order in Ebrahim Miah's case (Supra) without considering the provisions of the Right of Children to Free and Compulsory Education Act, 2009 and also the Meghalaya Right of Children to Free Education and Compulsory Education Rules, 2011. On perusal of the record of the earlier case WP(C)No.2/2014 i.e. Ebrahim Miah's case (Supra) and also the said judgment and order passed therein, it is clear that none of the parties brought to the notice of this Court the Right of Children to Free and Compulsory Education Act, 2009 and also the Meghalaya Right of Children to Free Education and Compulsory Education Rules, 2011 at the time of hearing of the said case i.e. WP(C) No. 2/2014. Para 4 of the said judgment and order in Ebrahim Miah's case (Supra) shows that it was the case of both the parties that the composition of the Managing Committee of Aided School should be as provided under Section 11 of the Assam Education Department Rules and Orders. On reading of the Right of Children to Free and Compulsory Education Act, 2009, the Meghalaya Right of Children to Free Education and Compulsory Education Rules, 2011, the said Assam Education Department Rules and Orders and the said judgment and order of this Court in Ebrahim Miah's case (Supra) in juxtaposition, it is clear that the earlier order of this Court in Ebrahim Miah's case (Supra) was passed without considering the Right of Children to Free and Compulsory Education Act, 2009 and also the Meghalaya Right of Children to Free Education and Compulsory Education Rules, 2011. Therefore, the earlier judgment and order of this Court in Ebrahim Miah's case (Supra) is a judgment per incuriam.

(3.) THE composition and functions of the School Management Committee are provided under Rule 3 of the Right of Children to Free and Compulsory Education Rules, 2009 framed by the Central Government in exercise of the powers under Section 38 of the said Act, 2009. Rule 3 of the said Rules, 2010 read as follows: - -