ABDUL MANAN KHAN Vs. THE STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. Ng. Kumar, learned counsel for the petitioners and Mr. Aleng Vashum, learned Government Advocate for the State respondents as well as Mr. M. Hemchandra, learned counsel for the respondent No. 4.

(2.) The present writ petition has been filed by the petitioners who are claiming to be the members of the School Management Committee of Khergao Junior High School, Khergao which was constituted by an order of the Zonal Education Officer, Zone -II on 9.12.2011 which was dissolved by an order dated 02.5.2012 passed by the Zonal Education Officer, Zone -II with immediate effect in public interest which is being challenged in the writ petition.

(3.) According to the petitioners, the School Management Committee of the Khergao Junior High School (Aided) was constituted vide order dated 9.12.2011 for a term of three years with effect from the date of the first meeting. It has been stated that the first meeting of the School Management Committee was held on 20.2.2012, and as such the Committee was to continue upto 19.2.2015. However, according to the petitioners, even before completion of one year of its existence, the School Management Committee was dissolved by the impugned order dated 02.5.2012 with immediate effect in public interest without giving any notice to the petitioner. According to the petitioners, while the School Management Committee so constituted in 2011 was functioning smoothly, the petitioners received a communication on 18.5.2012 with a copies of two documents viz. (i) a letter of D.I., Zone -II dated 25.4.2012 and (ii) another letter dated 30.4.2012 from the Circle D.I. of Schools. The said letter dated 25.4.2012 of the D.I. Zone -II related to an explanation call issued to all the teachers except Basirjan Begum on the ground that they were not attending the school regularly without any authority and to explain why disciplinary action should not be taken against them. The letter dated 30.4.2012 is the letter written by the Circle D.I. Schools to the Zonal Education Officer, Zone -II, Porompat requesting for dissolution of existing School Management Committee and for constitution of a new School Management Committee on the ground of irregularities and non -attendance of the teachers. Thereafter, the petitioners were communicated with the impugned order dated 02.5.2012 which they claimed to have received on 22.5.2012 ordering the dissolution of the School Management Committee. The impugned order reads as follows: