UMAKANTH MALLIKARJUNASWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the Learned Counsel appearing on behalf of the petitioners in all these writ petitions, Sri B. N. Prasad, learned HCGP. , appearing on behalf of the Respondent-State and perused the material on record.

(2.) THE Notification dated 14-6-2006 bearing No. ED 122 PBS issued under the provisions of Section 58 (1 A), (v), 58 (2), 60,61 (2) (b) r/w. Section 316 (1) of the Karnataka Panchayath Raj Act, 1993 (Karnataka Act 14 of 1993) hereinafter referred to as "p. R. Act" and the subsequent Circular dated 30. 9. 2006 bearing No. ED 179 PBS 2006, issued by the State of Karnataka are questioned in these writ petitions. The petitioners are either existing "school Development monitoring Committees" or it's members. Since all these writ petitions are interconnected and as the common questions of facts and law are involved in these petitions, they have been heard together and disposed of by this common order.

(3.) THE brief facts of the case leading to these writ petitions are as under: with an intention of implementing the National Education policy for proper functioning of the schools, to monitor the proper development of the children in the schools, decentralization of school administration, supporting the teachers to discharge their duties, for development of the schools as a unit, for improving admission of the students of the school, to prevent the students dropping from the schools and for other allied purposes, the State Government thought it fit to appoint an expert committee headed by Dr. Raja Ramanna to study and report to the Government about the steps, which can be taken up for implementation. The said committee, after thorough study submitted its interim report to the State, suggesting various measures. As the state Government felt that it may consume considerable time to amend the relevant enactment for implementation of the recommendations of the committee, the State Government, at the first instance issued an order dated 28. 4. 2001 for formation of the "school Development monitoring Committees" ('sdmc's' for short) for the Government primary and High Schools. The said Government order mandates that the 'sdmc's1 shall consist of totally nineteen (19) members i. e. , nine (09) members to be selected from amongst the parents of the students studying in the schools, four (04) ex-officio members, six (06) nominated members. It is also made clear in the very Government order that once 'sdmc's' is formed, the same shall exist for a term of three years. In the very order, the duties of the committee are also specified. Certain other details such as appointment of the Chairman of the Committee, quorum for conducting the meetings, mode of conducting the meetings etc. , are also specified in the said Government order. Subsequently, on 16-8-2001 the State Government issued notification order bearing No. ED 1 PBS 2001, modifying the earlier government Order dated 28. 4. 2001 to certain extent. The modified order specifies that the Member of Legislative Assembly ('mla' for short) representing a particular constituency wherein the schools are located shall have the power to nominate nine 'sdmc's' members. Further, the 'mla' is conferred with the power of selecting the President of 'sdmc's'. Except the aforesaid modification, the order dated 28. 4. 2001 which was issued at the first instance continued to be in the field till 14. 6. 2006, on which date, the State Government issued the impugned notification bearing No. ED 122 PBS 2004, by which, the model Bye-laws were framed and the earlier Government orders in the matter i. e. , Orders dated 28. 4. 2001 and 16. 8. 2001 are superceded. It is relevant to note here itself that before publishing the Model Bye-Laws, the State Government had invited the objections and the suggestions from the general public and the persons likely to be affected by issuing notification dated 17. 3. 2006. According to the State government the objections and suggestions received by it are considered and thereafter, the Model Bye-laws are approved and published in the Official Gazette on 14-6-2006. The Model Bye-laws are framed under the provisions of Section-58 (1 A), (v), 58 (2), 60, 61 (2) (b) r/w. 316 of the 'kpr Act'. The Model Bye-Laws published in the notification dated 14. 6. 2006 exhaustively take care of the formation and effective functioning of the 'sdmcs'. Therefore, it can be said that the notification of Model Bye-Laws dated 14-6-2006 is a self-contained document by itself, which gives guidelines for working of the 'sdmc's'. According to Bye-Laws, three (03) member shall be ex-officio members and nine (09)representatives shall be elected from parents council. So also there will be three nominated members and two students representatives, in the said Model Bye-Laws even the disciplinary action is prescribed against the members of the Committee. It is also clarified in the said model Bye-Laws that the term of office of the members of the 'sdmc's' other than the Ex-Officio members is three (03) years, or is co-terminus with the term of the concerned Gram Panchayat whichever is earlier. The Head Master of the school is delegated with the task of constituting the 'sdmc'.