SHOLBIS LYNPHUID Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Upon hearing the learned counsel for the parties, it appears to me that the present writ petitioners made a prayer in this writ petition, for a direction to the Respondent Nos. 1,2 and 3 to withdraw, recall or otherwise forebear from giving effect to the impugned order dated 10.1.97 bearing No. IS/M-4/252-70 issued by the Inspector of Schools, East Khasi Hills District, Shilong, as in Annexure-IV to the writ petition, reconstituting the Managing Committee of the Nehru Memorial High School, Umsning or in the alternative to quash the impugned order of 10.1.97(Annexure-4).

(2.) According to the writ petitioners, they are all citizens of India belonging to the Khasi Scheduled Tribe and are Headmen of ten villages namely - (i)Nongkya, (ii) Umsning, (iii) Sohliya, (iv) Nongiri, (v) Umsaitsning, (vi) Lumnohgrim, (vii) Umtrew, (viii) Umran Diary, (ix) Umran Niangbyrnai and (x) Nongthymmai and they are all permanent residents of their respective villages under Ri-Bhoi District, Meghalaya.

(3.) In the year 1962, these 10 villages under their respective Headmen founded the school known as Nehru Memorial School which is hereinafter referred to as School and constituted the sponsoring body of the said school and since the date of its inception, either the Headmen or the prominent members of the said 10 villages have been managing the said school or have nominated the Managing Committee wherein they have also been members. After becoming a Government Aided School, the Managing Committee of the said school had to be approved by the Respondent No. 3 namely the Inspector of Schools, East Khasi Hills District, Shillong, the appropriate authority in the matter. It is also the case of the writ petitioners that the Managing Committee of the said school are nominated by the Headmen or representatives of the 10 villages mentioned above. The said Managing Committee also consists of teachers, guardians and donors representatives. In the year 1992, the last Managing Committee was constituted for a period of 3 years as provided for in the rules and its term expired on 8.5.95. As there were many complaints with regard to mis-management and financial irregularities, commiitted by the Respondent Nos. 4 and 5, the present petitioners submitted that a new Managing Committee should be constituted as per Rules and Procedure and they demanded for an appropriate enquiry from the competent authority with regard to the aforesaid financial irregularities committed by the Respondent Nos. 4 and 5. Representations dated 9.9.95 Annexure 1 to the writ petition relates to complaint with regard to the aforementioned irregularities and mis-management and the demand for an enquiry from the end of the Directon of Public Instructions, Meghalaya, Shillong. Petitioners also urged the competent authority including the Respondent No.3 by filing representation dated 11.9.95 as in Annexure 2 to the writ petition for immediate dissolution of the then Managing Committee due to the mal-practice and corruption perpetrated by some of its members. Due to public pressure concerning the affairs of the said school, the management of the said school was taken over by the Govt. vide order/ letter dated 29.3.96 and thereafter, an ad-hoc Managing Committee was constituted by the competent authority pending final settlement and constitution of a new Managing Committee. On 22.5.96, a special meeting of the Headmen, Secretaries and representatives of the 10 Sponsoring villages was held to elect new members for constitution of a new Managing Committee and accordingly, the Petitioner No. 1 alongwith the proposed Secretary of the new Managing Committee wrote to the Respondent No. 3 vide letter dated 22.5.96 as in Annexure 3 to the writ petition informing the latter about the resolution of the Sponsoring;Body and for approval of the new Managing Committee duly constituted by them. Instead of approving the resolution mentioned above, the Respondent No. 3, by his order dated 10.1.97 as in Annexure 4 to the writ petition, reconstituted the regular Managing Committee on the basis of a purported letter dated 7.8.96 sent by the Joint Secretary of the Ad-hoc Commiittee and letter dated 8.11.95 sent by Respondent No. 6 who is an MLA (Nongpoh) presently residing at MLA hostel, Meghalaya. In pursuant of the aforesaid order (impugned order of 10.1.97), Respondent Nos. 4 and 5 were again appointed as President and Secretary of the newly constituted Managing Committee. Being dissatisfied with the impugned order of 10.1.97 issued by the Respondent Nos. 3, 6 (six) nominated members of the said new Managing Committee, namely (i) Shri C. Shadap, (ii) Shri S. Nongbri, (iii) Shri S. Nongkseh, (iv) Shri E.G. Khongjoh, (v) Shri B.W. Pamshong and (vi) Shri B. Mawlieh issued a declaration dated 15.1.97 wherein they have stated that they were not aware of the reconstitution of the new Managing Committee and accordingly they withdrew themselves from the said Committee constituted by the Respondent No. 3. A copy of the English translation of the said declaration of 15.1.97 is appended to the writ petition and marked as Annexure 5. The spectrum of withdrawal of the 6 (six) nominated members from the said newly constituted Managing Committee as communicated by the Petitioner No. 3 under his letter dated 17.1.97 as seen in the document marked Annexure 6 to the writ petition, petitioners and other elders of the under mentioned 10 sponsoring villages filed representation dated 29.1.97 to the Respondent No. 3 for dissolving the said re-constituted Managing Committee as its constitution was illegal and an irregular one and they further requested the Respondent No. 3 to approve the new Managing Committee as per the proposal of the sponsoring body in its meeting held on 29.1.97. A translated copy of the representation dated 29.1.97 is appended to the writ petition and marked as Annexure 7.