LAWS(GAU)-2011-9-14

RATAN CHOUDHURY Vs. STATE OF MEGHALAYA

Decided On September 26, 2011
RATAN CHOUDHURY Appellant
V/S
STATE OF MEGHALAYA Respondents

JUDGEMENT

(1.) HEARD Mr MF Qureshi, the learned counsel for the petitioners and Mr H Kharmih, the learned State counsel.

(2.) MR MF Qureshi, learned counsel for the petitioners submits that the Managing Committee of Kalapani Govt. Aided Secondary School, Chibinang, West Garo Hills District, Meghalaya was constituted by the Inspector of Schools, for a period of 3(three) years on 22.12.2009 wherein the petitioners were the President and Secretary. That the Respondent No.3, the Inspector of Schools, West Garo Hills, Tura, while exceeding its jurisdiction in utter disregard to the provision of the Meghalaya School Education Act, 1981 had kept the Managing Committee of the aforesaid school in abeyance vide Order No. SWG/MC/AH-118/10/1497-1500 dated 30.04.2010 on the alleged ground that majority of the Managing Committee members already submitted their resignations letter, therefore the Managing Committee of the school was taken over by the Inspector of Schools, Respondent No.3. That the respondent No.3, the Inspector of Schools, West Garo Hills, Tura, passed the impugned order dated 30.04.2010 without giving a reasonable opportunity to the petitioners of showing cause of the proposed action, hence, the respondent No.3 acted in violation of Section 20(1) of the Meghalaya School Education Act, 1981 and also against the principle of natural justice. The Petitioners approached the respondent No.3 on several occasions and submitted a joint representation dated 15.03.2011 signed by the majority of the members of the Managing Committee with a request to restore the Managing Committee of the school in question but the respondent No.3 neither restored the Managing Committee of the school nor assigned any reason whatsoever. Hence this writ petition claiming for the following reliefs:-

(3.) WITH the above direction this writ petition stands disposed. In the fact and circumstances of the case no order as to cost is made.