Meghalaya High Court: W. Diengdoh, J. dismissed a petition which was to decide on the issue of revocation of the constitution of the SMC and to consider the proposal of the headmaster for reconstitution of the SMC.
The Counsel for the Petitioner pleaded to the court to direct the District School Education Officer, Ampati to decide on the issue of revocation and to consider the proposal of the headmaster for reconstitution of the SMC. The counsel for the Respondent argued that there was a complaint with regard to the constitution of the SMC, since the same was not done in accordance with the norms and guidelines.
In the pertinent case, the Headmaster had forwarded the list of the newly elected SMC members apparently for a term of three years with effect from 26-04-2018 to 25-04-2021 and the District School Education Officer has apparently approved the constitution of the said SMC for a period of three years w.e.f. 26-04-2018 to 25-04-2020 (sic 2021) which was revoked on 01-05-2018. Further, the District School Education Officer had also taken cognizance of the complaint filed and had requested the Headmaster of the said school to call a meeting and to solve the problem, the solution of which will enable the District School Education Officer to approve the SMC.
The Court disposed of the petition holding it infructous. The Court observed that there was no solution to the alleged problem or dispute for now and the District School Education Officer had also refrained from passing any further order in this regard. On that note, the Court held that “it is crystal clear that in any view of the matter, the term of the controversial SMC has since expired after the three years period has passed. The submission of the learned GA in this regard is relevant and what remains is for a fresh process to be initiated for constitution of a new SMC of the said Mahendraganj Deficit Secondary School.”
[Shri Aktar Ali v. State of Meghalaya, 2021 SCC OnLine Megh 259, decided on 15-12-2021]
Suchita Shukla, Editorial Assistant has reported this brief.
For the Petitioner/Appellant(s) : Mr S. Dey, Adv.
For the Respondent(s) : Mr R. Gurung, GA. for R 1-4, Mr R. Kar, Sr. Adv. for R 5.