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Judgment
Heard Ms. P. Agarwal, learned counsel for the petitioner as well as Mrs. S. Bhattacharjee, learned GA for the respondent No. 3 and Ms. A.P.
Kharsahnoh, learned counsel for the private respondents No. 4 & 5.
The brief fact of the petitioner''s case in a nutshell is that:
The South West Garo Hills District was created during the month of May/June 2013 after the bifurcation of the West Garo Hills District. With the
creation of new District the Government of Meghalaya appointed/deputed new District School Education Officer for the newly created South
West Garo Hills District consequently the power of the District School Education officer, West Garo Hills Tura was ceased to exist over the newly
created District. The Lokaichar Secondary School falls under the administrative control of the Office of the Respondent No. 3. Two parallel
managing Committee of the Lokaichar Secondary School were approved vide order dated 3-10-2013 and 11-10-2013 by two District School
Education Officer i.e. District School Education Officer, West Garo Hills Tura and District School Education Officer, South West Garo Hills,
Ampati. Being aggrieved by two parallel committee the respondent No. 4 preferred a writ petition before this Hon''ble Court being WP(C) No.
317/2013 for assailing the order of approval dated 11-10-2013 passed by the respondent No. 3. The writ petition was disposed of by this
Hon''ble Court vide Judgment and order dated 24-6-2015 by setting aside the order dated 3-10-2013 passed by the District School Education
Officer, West Garo Hills Tura and order dated 11-10-2013 passed by the respondent No. 3 and further directed the respondent No. 3 to
constitute a fresh committee within a period of one month from the date of the receipt of the judgment and order dated 24-6-2015. In pursuant to
such direction the respondent No. 3 convened an emergent meeting on 29-7- 2015 in the said School Premises for the reconstitution of the
Managing Committee of the said School and new managing committee of the school was unanimously constituted by the parents, Guardian, donor,
teachers representative of the school which was subsequently approved by the respondent No. 3 vide order dated 30-7-2015. The respondent
No. 3 in gross violation of principle of natural justice, equity and fair play again approved the Managing Committee of the said School vide
impugned order dated 27-1-2015 and the petitioner being aggrieved and dissatisfied with the impugned order dated 27-10-2015 has filed the
instant writ petition.
The learned counsel for the petitioner submits before this Court that initially this Court dissolved the Managing Committee and thereafter, a new
Committee was formed, but unfortunately a second Committee was also formed vide impugned order dated 27.10.2015 by the respondent No.
3/District School Education Officer, South West Garo Hills, Ampati and both the Committees are running parallelly creating a lot of hotchpotch.
On the other hand, the learned GA for the respondent No. 3 submits that the second Committee was constituted as per the decision of the
respondent No. 3/District School Education Officer, South West Garo Hills, Ampati.
The learned counsel for the private respondents No. 4 & 5 has got no submission.
After hearing the submissions advanced by the learned counsel for the parties and considering these peculiar circumstances, I am of the
considered view that it is a fit case where both the Committees needs to be dissolved. The respondent No. 3/District School Education Officer,
South West Garo Hills, Ampati is hereby directed to constitute a new Managing Committee in accordance with the rule within a period of 1(one)
month from the date of receipt of this judgment and order. Accordingly, the impugned order dated 27.10.2015 is hereby set aside and during this
period of 1(one) month as an interim measure, the respondent No. 3/ District School Education Officer, South West Garo Hills, Ampati will look
after the day to day affairs and administration of the Lokaichar Secondary School, South West Garo Hills.
Before I part with the file, I also cautioned the respondent No. 3/District School Education Officer, South West Garo Hills, Ampati not to allow
the two Managing Committees to function at a time and not to violate the Court''s order.
With this observation and direction the instant writ petition is allowed to that extent and stands disposed of.