LAWS(MEGH)-2025-2-15

STRICKLY SYIEMLIEH Vs. STATE OF MEGHALAYA

Decided On February 12, 2025
Strickly Syiemlieh Appellant
V/S
STATE OF MEGHALAYA Respondents

JUDGEMENT

(1.) The writ petitioner in WP(C). No. 172 of 2021 is before this Court assailing an order dtd. 9/3/2021, whereby the new Managing Committee of Mawrapad L.P. School had been approved, by alleging that the same was without any basis and without holding a proper election or selection. A challenge has also been made to the non-approval of a Managing Committee constituted on 12/2/2020, with the petitioner as the President.

(2.) The writ petitioner in the above noted writ petition has asserted that though the Mawrapad L.P. School was established by the Dorbar Shnong of Mawrapad (respondent No. 7) in the year 1976, from 15/3/1980 onwards, the entire ownership and management of the said school had been handed over to the petitioner who thereafter, ran and managed the school for decades. As such, on this assertion, the writ petitioner has claimed rights in perpetuity over the said school. The respondent No. 7 on the other hand, had made a complaint before the State respondents on 10- 10-2019 that the writ petitioner had illegally converted the community school into a private school and prayed that necessary action be taken. In this backdrop, which became a tussle between the village Dorbar which maintained that the school belongs to the community, and the writ petitioner who asserted that the same had been handed over to him by the village itself since 1980, on the recognition of the Managing Committee constituted by the village by disregarding the claim of the writ petitioner, this writ petition has been filed.

(3.) In the second writ petition i.e. WP(C). No. 497 of 2021, the same had been preferred in the name of the Managing Committee of Mawrapad Upper Primary School with the writ petitioner in WP(C). No. 172 of 2021 as petitioner No. 2. In this writ petition, an order dtd. 10/12/2021 and letter dtd. 20/12/2021, issued by the Sub-Divisional School Education Officer, Shillong (respondent No. 3) whereby an interim Managing Committee has been put in place is under challenge. The grounds taken in this writ petition are similar to the earlier writ petition, only with the slight variance that the management and ownership of the school, had been handed over by the village to the writ petitioner No. 2 on 18/3/1991.