ABDUL MALEK Vs. THE STATE OF MEGHALAYA AND ORS.

JUDGEMENT

(1.) HEARD Mr. HL Shangreiso, learned counsel for the petitioner, Mr. S. Sen Gupta, learned GA appearing for the respondents No. 1 & 2 and Mr. R Choudhury, learned counsel for the respondent No. 3. Office note dated 16.03.2015 indicates that steps had been taken for service of notice to the respondents No. 4 & 5 by registered post with AD, till date neither the AD nor registered post returned un -served. The service of notice of the present writ petition to the respondents No. 4 & 5 shall deem to have been effected properly. None appears for the respondents No. 4 & 5 without showing any cause.

(2.) MR . S. Sen Gupta, learned GA appearing for the respondents No. 1 & 2 is not disputing that while constituting the Ad -hoc Managing Committee of Haripur Namabilla Higher Secondary School vide impugned order 02.03.2015 for a period of 90 (ninety) days through bona -fide mistake, one Shri. Rajiul Islam, who happens to be a student of the Haripur Namabilla Higher Secondary School, had been made as a Secretary of the Managing Committee. Mr. R Choudhury, learned counsel for the respondent No. 3 contended that by the impugned order dated 02.03.2015, the Ad -hoc Managing Committee had been constituted for a period of 90 (ninety) days so that new Managing Committee could be constituted by following the prescribed procedures under the rules.

(3.) THIS Court is of the considered view that the new Managing Committee is to be constituted for the better management of the school and also in the interest of the students. Accordingly, this writ petition is disposed of by directing the respondent No. 2 i.e. Director of School Education & Literacy, Govt. of Meghalaya, Shillong to issue necessary instruction to the concerned officer of the Education department to complete the constitution of the new Managing Committee of the school i.e. Haripur Namibilla Higher Secondary School within a period of two months from the date of receipt of a certified copy of this judgment and order. It is also made clear that the petitioner and the private respondents shall also cooperate with the concerned officer of the Education department in constituting the new Managing Committee of the School. So as to enable the concerned authority to constitute a new Managing Committee as per directions of this Court, the impugned order dated 02.03.2015 is hereby set aside and the Principal of the School shall temporarily discharge the functions of the Managing Committee till the constitution of the new Managing Committee.