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Judgment
Heard Ms. Tenzing Yangkyi, learned counsel appearing on behalf of the petitioner as well as Mr. N. Syngkon, learned counsel appearing on
behalf of the respondent No. 4 and Mr. S. Sen Gupta, learned Sr. GA appearing on behalf of the State respondents.
The brief fact of the petitioner''s case in a nutshell is that:
The Petitioner is one of the founder teacher of the Kharigaon SSA U.P. School who was later appointed as the Headmistress of the
School, but after the constitution of the new Management Committee the Petitioner had been targeted and harassed for no fault of
hers which compelled the Petitioner to approach before this Hon''ble Court by way of WP(C) No. 361 of 2013 for appropriate
relief. This Hon''ble Court after hearing the parties disposed of the matter and passed an Order dated 2.12.2014 directing the
Respondent to take necessary steps to allow the Petitioner to join her duty and also to release her arrears and salary within a period
of two months. But because of the non-compliance of the Order dated 2.12.2014 the Petitioner once again approached this Hon''ble
Court by way of Contempt Petition being Contempt Petition No. 30 of 2015 which was later disposed off on 14.06.2016 directing
the Respondent to clear off all the dues to the Petitioner within 31.07.2016 which is yet to be complied.
Now, again the Petitioner is the victim as the Respondent No. 3 in clear violation of the Right of Children to Free and Compulsory
Education Act, 2009 and the Rules framed thereunder vide memo No. DMC-D/SSA. M- C/2016/417-22 dated 20.01.2016
constituted the Management Committee of the school to the exclusion of the Petitioner who is legally entitle to be the Convenor cum
Ex-officio member of the committee.
Hence this petition.
The learned counsel appearing on behalf of the respondent No. 4 submits that the Management Committee was constituted vide order dated
20.01.2016 but term has already expired. Further, the learned counsel submits that he has no objection if a new Committee is constituted. Similar
submission has also been advanced by the learned State counsel and consented by the learned counsel for the petitioner.
As per the ""Right of Children to Free and Compulsory Education Rules, 2010"" at Part II Section 3 sub-Section 4 speaks as follows:
Composition and functions of the School Management Committee. - (4) To manage its affairs, the said Committee shall elect a
chairperson and vice-chairperson from among the parent members; the head teacher of the school, or where the school does not
have a head teacher, the senior most teacher of the school, shall be the ex-officio member-convener of the said Committee.
From the submission of the learned counsel for the petitioner, it appears that the petitioner, although being the senior most teacher and
headmistress of the school was not included in the Committee constituted earlier vide order dated 20.01.2016. Now, since the Committee
constituted as quoted above has already expired, the only option left is to constitute a fresh Committee, to which the learned counsels for both the
parties agreed. Accordingly, the Deputy Commissioner, West Garo Hills District, Tura cum- District Mission Co-ordinator is hereby directed to
constitute a fresh Committee allowing the petitioner to be one of the members of the said Committee in accordance with the Rules referred above
as well as ""the Meghalaya Right of Children to Free and Compulsory Education Rules, 2011"" framed by the Government of Meghalaya vide
Notification dated 1st August 2011. This whole exercise is to be completed within a month from the date of receipt of a copy of this judgment and
order.
With this observation and direction the instant writ petition is allowed to that extent and stands disposed of.