The School Managing Committee, Khergao Junior High School vs The State of Manipur

N. Kotiswar Singh, J.—Heard Mr. Ng. Kumar, learned counsel for the petitioners and Mr. Aleng Vashum, learned Government Advocate for the State respondents as well as Mr. M. Hemchandra, learned counsel for the private respondents No. 4 to 10.

In this writ petition, the petitioners have challenged the constitution of a new School Managing Committee of the Khergao Junior High School vide order dated 14.7.2014 inspite of the stay granted by High Court on 10.7.2012 in W.P.(C) No. 349 of 2012 of the dissolution order dated 2.05.2012 of the earlier School Managing Committee constituted vide order dated 9.12.2011.

According to the petitioners, the School Managing Committee of the Khergao Junior High School (Aided), Khergao represented by its President, the petitioner No. 2 was formed vide order dated 9.12.2011 issued by the Zonal Education Officer, Zone-II, Govt. of Manipur for a term of 3 (three) years with effect from the date of first meeting. However, even before completing one year of its existence, the said School Managing Committee was dissolved by an order issued by the Zonal Education Officer, Zone-II, Govt. of Manipur dated 2.05.2012.

Being aggrieved by the said dissolution order, a writ petition was filed by the present petitioner No. 2 and 4 other members of the Managing Committee being W.P.(C) No. 349 of 2012 before the Gauhati High Court, Imphal Bench. The High Court, by an order passed on 10.07.2012 while issuing notice fixed 24.07.2012 for consideration of the prayer of the interim order and it was ordered that till then, the impugned order of dissolution shall not be given effect to. The petitioners state that by order dated 25.07.2012, the interim order dated 10.07.2012 was directed to be continued until further order. According to the petitioners, the said interim order continues till now.

According to the petitioners, even though the Secretary of the said Managing Committee thereafter wrote, vide letter dated 26.06.2004, to Zonal Education Officer, Zone-II, Porompat, Imphal East as well as the Deputy Inspector of Schools, Zone-II, Porompat, Imphal East, requesting them not to constitute any ad hoc School Managing Committee in respect of Khergao Junior High School in view of the interim order passed by the High Court, the authorities ignored the same and issued the impugned order dated 14.07.2014 stating that on expiry of the term of the School Managing Committee of Khergao Junior High School, Khergao, the same is dissolved with immediate effect and in its place a new School Managing Committee has been formed consisting of 8 (eight) members for a period of 3 (three) years with effect from the date of the first meeting. The said order dated 14.07.2014 constituting the new School Managing Committee of Khergao Junior High School, Khergao has been challenged in the present writ petition on various grounds.

The earlier writ petition, W.P.(C) No. 349 of 2012 challenging the order dated 2.05.2012 dissolving the earlier School Managing Committee of the Khergao Junior High School(Aided), Khergao has been allowed by this Court by a separate judgment passed on 19.12.2014 by setting aside the order of dissolution dated 2.5.2012. In view of the quashing of the dissolution order dated 2.05.2012, the earlier School Managing Committee which was dissolved by the said order dated 2.05.2012 would revive as its term is yet to be expired. In other words, earlier School Managing Committee of the Khergao Junior High School, Khergao constituted vide order dated 9.12.2011 would be restored which would continue till the expiry of its term or till appropriate order is passed by the authority as mentioned in the judgment and order dated 19.12.2014 passed in W.P.(C) No. 349 of 2012. In that view of the matter, the reconstitution of the School Managing Committee vide order dated 14.07.2014 cannot be sustained as during the subsistence of the earlier School Managing Committee which have been revived by this Court in terms of the direction issued in W.P.(C) No. 349 of 2012, the School Managing Committee constituted by order dated 14.07.2014 cannot exist. Further, it may be also stated that the constitution of the said new School Managing Committee of Khergao Junior High School, Khergao vide order dated 14.07.2014 was contrary to and in violation of the Court''s orders dated 10.07.2012 and 25.07.2012 passed in W.P.(C) No. 349 of 2012 as it was constituted during the subsistence of the interim order dated 10.07.2012 passed in W.P.(C) No. 349 of 2012.

Accordingly, for the reasons discussed above, the present writ petition is allowed by setting aside the order dated 14.07.2014 (Annexure-A/6) issued by the ZEO, Zone-II, Imphal East, Manipur constituting a new School Managing Committee of the Khergao Junior High School, Khergao.