SAMIUL ISLAM Vs. THE STATE OF MEGHALAYA

JUDGEMENT

(1.) THE petitioner's case in nut shell is that, "the Right of Children to Free and Compulsory Education Act, 2009 and the Meghalaya Right of Children to Free and Compulsory Education Rules, 2011 and directives of the State respondent clearly mandated that the Headmaster of the School shall convene a meeting of the parents and guardians of the school to constitute the Management Committee of the school and at least three -fourth of the members of the Management Committee of the school shall be the Parents or Guardians of the children. But in this instant case, the Management Committee which is constituted by the respondent No. 3 does not conform to any of the requirement of the law and as such the same is required to be set aside and quashed."

(2.) MR . A.S. Siddiqui, learned counsel appearing for on behalf of the petitioner submits that, the impugned order dated 9.07.2013 is not in consonance with the provision of Section -21 of the Right of Children to Free and Compulsory Education Act, 2009 and Rule -3 of the Right of Children to Free and Compulsory Education Rules, 2010, hence, he prayed that the said impugned order may be quashed and necessary direction may be passed as this Court deemed fit and proper.

(3.) AFTER hearing the rival submissions advanced by the learned counsel at the bar and after going through the impugned order dated 9.07.2013, it appears that, the Management Committee was constituted comprising of 12(twelve) Members i.e. 1(one) President, 1(one) Vice -President, 1(one) Secretary, 2(two) Teacher Representative, 5(five) Guardian Member and 2(two) Members.