SAMIUL ISLAM Vs. STATE OF MEGHALAYA AND ORS.

JUDGEMENT

(1.) HEARD Mr. A.S. Siddiqui, learned counsel appearing for the petitioner and also Mr. N.D. Chullai, learned Sr. GA, assisted by Mr. K.P. Bhattacharjee, learned GA, appearing for the respondents.

(2.) THIS is the second time the petitioner approached this Court by filing the writ petition regarding the constitution of the Management Committee of Konarchar Girls U.P. School. The petitioner had earlier approached this Court by filing writ petition being WP(C) No. 206/2013 against the present respondents No. 1, 2 and 3 for a direction to convene the meeting of the parents and guardians of the School to constitute the Management Committee of the Konarchar Girls U.P. School. The Parliament enacted the Act called the "Right of Children to Free and Compulsory Education Act, 2009," and this Act is extended to the whole of India except Jammu and Kashmir. The said Act i.e. Right of Children to Free and Compulsory Education Act, 2009 was brought into force on 01 -04 -2010. Section 21 of the said Act, 2009 prescribes the composition of the School Management Committee and for convenience Section 21 of the said Act is quoted hereunder:

(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: