SRI FRANCIS DKHAR Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) IN this writ petition, the petitioner is questioning the legality of the order dated 13-5-2008 issued by the Deputy INspector of Schools West Khasi Hills District (respondent 3) approving the Managing Committee of the St. Mary's Roman Catholic Lower Primary School, Nonglwai (St. Mary's RCLP School") as constituted by the private respondents.

(2.) THE material facts leading to the filing of this writ petition, as pleaded therein, are that the petitioner established St. Mary's RCLP School in the year 1987-88 at Nonglwai to meet the educational needs of the locality; that for day to day management of the School, there is a Managing Committee constituted with the approval of the Government after selection/nomination in a general meeting in consultation with the village elders, representatives, parents, teachers, etc. but never by the Roman Catholic Church of Rangblang or even Nongstoin. THE first Managing Committee was constituted and approved in the year 1994 by the respondent No. 3 with the petitioner as the Secretary, and since then he has been regularly nominated as the Secretary of the Managing Committee of the School. In the year 1995, after the approval of the first Managing Committee by the respondent No. 3, the Catholic Church, Nonglwai and the Rangbalang. Parish Board had illegally constituted a new Managing Committee of the School, which was wrongly approved by respondent 3 on 31-5-1995. This was challenged by him before this Court in Civil Rule No. 68(SH) of 1995, and the same was allowed by this Court by quashing the said order. According to the petitioner, the management of the School is under the direct supervision of the Managing Committee of the School, which was approved by the State authority from time to time: the Catholic Church has no key role in the administration or management of the School nor has it ever offered any fund for running of the School. THE School is recognized under the Grants-in-Aid Scheme from the Government and has been receiving the grants-in-aid from the Government for payment of the salaries of its staff and other day to day expenditures of the School since the year 1991: no recognition was ever given by the Government to Catholic Parish, either of Nongstoin or Rangblang, as the creators of the School.

(3.) OPPOSING the writ petition, both the State-respondents through the respondent No. 3 and the private respondent have filed their respective affidavits-in-opposition. The case of the State- respondents is that the School has been functioning under the control of the Catholic Church at their property since the advent of the Church in the West Khasi Hills area and not by the petitioner but it started receiving Government aid only around 1987-88. It is stated by the answering respondents that the Managing Committee was selected in a general meeting in consultation with the villagers, parents and teachers in which the Church was involved in the day to day functioning of the School. According to the answering respondents, the School had been set up by the Church in the Church's property after their arrival in the West Khasi Hills area and not by the petitioner. The State-respondents deny that there is any infirmity in the impugned decision. These are the sum and substance of the case of the State-respondents.