The High Court
Case Details
THE HIGH COURT OF MEGHALAYA AT SHILLONG. WP(C) No. 35/2011 Shri. Kishon Kharsahnoh, Chairman Managing Committee, Sohphoh Govt. LP School, R/o Village Sohphoh, PO: Thadlaskew, PS: Jowai, District: Jaintia Hills, Meghalaya. -Vs- :::: Petitioner 1. 2. 3. The State of Meghalaya represented by the Commissioner & Secretary, Education Department, Shillong. The Director of School, Education and Literacy, Meghalaya, Shillong. The Deputy Inspector of Schools, Jowai Sadar, Jowai, Meghalaya. :::: Respondents BEFORE THE HON’BLE MR JUSTICE T NANDAKUMAR SINGH For the Petitioner For the Respondents Date of hearing Date of Judgment & Order : : : : Miss. S.G. Momin, Adv.
Legal Reasoning
Mr. ND Chullai, Sr. Adv, Mr. H Abraham, GA 03.10.2013 03.10.2013 (cid:1)(cid:2)(cid:3)(cid:4)(cid:5)(cid:6)(cid:7)(cid:8)(cid:9)(cid:10)(cid:7)(cid:3)(cid:9)(cid:11)(cid:12)(cid:3)(cid:6)(cid:12)(cid:13)(cid:11)(cid:12)(cid:10)(cid:14)(cid:15)(cid:9)(cid:9)(cid:9)(cid:9) (cid:1)(cid:2)(cid:3)(cid:4)(cid:5)(cid:6)(cid:7)(cid:8)(cid:9)(cid:10)(cid:7)(cid:3)(cid:9)(cid:11)(cid:12)(cid:3)(cid:6)(cid:12)(cid:13)(cid:11)(cid:12)(cid:10)(cid:14)(cid:15) (cid:1)(cid:2)(cid:3)(cid:4)(cid:5)(cid:6)(cid:7)(cid:8)(cid:9)(cid:10)(cid:7)(cid:3)(cid:9)(cid:11)(cid:12)(cid:3)(cid:6)(cid:12)(cid:13)(cid:11)(cid:12)(cid:10)(cid:14)(cid:15) (cid:1)(cid:2)(cid:3)(cid:4)(cid:5)(cid:6)(cid:7)(cid:8)(cid:9)(cid:10)(cid:7)(cid:3)(cid:9)(cid:11)(cid:12)(cid:3)(cid:6)(cid:12)(cid:13)(cid:11)(cid:12)(cid:10)(cid:14)(cid:15) Heard Miss. SG Momin, learned counsel for the petitioner and Mr. ND Chullai, learned senior counsel assisted by Mr. H Abraham, learned GA appearing for the State respondents. Page 1 of 7 2. It appears from the pleadings as well as the submissions of the learned counsel appearing for the parties that the Govt. Primary Schools i.e. namely, Sohphoh Govt. LP School is having only one teacher and as a result, the students of the said Govt. Primary School are suffering because of the non- availability of teachers. 3. The legislature of the State of Meghalaya enacted the Act called “Meghalaya Taking Over of District Council Lower Primary Schools Act, 1993” (for short ‘the Act of 1993’). The said Act of 1993 had come into force w.e.f. 2nd June, 1994. This fact is not disputed by the learned counsel for the respondents. Under Section 6 of the said Act of 1993, even after the Govt. LP Schools have been taken over under the said Act of 1993, the movable and immovable properties and others assets of the schools are to be managed and administered by the Managing Committee of the schools. For easy reference, Section 6 of the said Act of 1993 is quoted hereunder:- (1) “6. A managing committee consisting of not more than ten members may be constituted by a village authority or durbar and such a managing committee shall require approval of the State Government and, unless so approved, shall not be deemed to have been validly constituted. (2) The State Government may nominate two of its officers to be ex-officio members of a managing committee referred to in sub-section (1). (3) In case a managing committee is not constituted as referred to in sub-section (1) the State Government shall constitute such a committee with members as it may deem fit to nominate. Notwithstanding anything contained in this Section the (4) State Government may, in the interest of the school at any time dissolve and reconstitute or direct that a managing committee be reconstituted. (5) The State Government may from time to time give directions to a managing committee for managing the affairs Page 2 of 7 of the school and the committee shall comply with such directions. (6) Subject to the provisions of sub-section (5) the properties, movable and immovable, and other assets of a school so taken-over shall be managed and administered by the managing committee of the school. The State Government may delegate all or any of the (7) powers under sub-Sections (2), (3), (4) and, (5) to an officer not below the rank of a Deputy Inspector of schools.” 4. The petitioner in the present writ petition is the Chairman of the Managing Committee of Sohphoh Govt. LP School. It is also stated that the said school was established as early as 1962, originally, with three teachers and taken over by the Govt. after enforcement of the said Act of 1993. It is an admitted case of both the parties that at the time of taking over of the said school i.e. Sohphoh Govt. LP School, there were two teachers. One of the teachers namely, Smti. Brilliancy Pale was transferred to Larnai Govt. School along with the post in the same district but due to strong resentment from the side of the public, the Govt. of Meghalaya again issued Order dated 15.04.2003 for transferring the said teacher Smti. Brilliancy Pale along with the post to Sohphoh Govt. LP School and since April, 2003, Smti. Brilliancy Pale continued to work in the Sohphoh Govt. LP School. Therefore, from April, 2003, Sohphoh Govt. LP School started having two teachers only. 5. The Deputy Inspector of Schools, Jowai Sadar, Jowai under his letter dated 23.05.2006, had informed the said teacher Smti. Brilliancy Pale that she has to retire from service on attaining the age of superannuation w.e.f. 31.12.2006. The said letter dated 23.05.2006 reads as follows:- GOVERNMENT OF MEGHALAYA OFFICE OF THE DEPUTY INSPECTOR OF SCHOOLS: “TYPED COPY Page 3 of 7 JOWAI :: SADAR :: JOWAI. No.DIS/PRY/R-O/2/2006-07/1049 dated Jowai, the _________ From:- Shri. W.S. Challam, Deputy Inspector of Schools, Jowai Sadar, Jowai. To:- Smti. Brilliancy Pale, R/o Sohphoh L.P. School. Subject:- Retirement from service. Madam/Sir, I am to inform you that you have attained the age of superannuation on the 16th Dec., 2006 and you are due to retired from service with effect from 31st Dec., 2006. In this connection you are requested to hand over all the school Headmistress/Headmaster or senior most teacher of the School. properties handed any you by to if Yours faithfully, Sd/- Deputy Inspector of Schools, Jowai Sadar, Jowai. No.DIS/PRY/R-O/2/2006-07/1050-1054 dated Jowai, the 23.5.06.” 6. Miss. SG Momin, learned counsel appearing for the petitioner by drawing the attention of this Court to the said letter of the Deputy Inspector of Schools, Jowai Sadar Jowai dated 23.05.2006, had strenuously contended that the said letter itself clearly shows that Sohphoh Govt. LP School had two teachers at the time of issuing the letter. It is the further case of the petitioner that surprisingly the said letter of the Deputy Inspector of Schools, Jowai Sadar Jowai dated 23.05.2006, had been corrected by issuing a Corrigendum dated 05.01.2007 to the effect that “Smti.Brilliancy Pale, who was retired from service on attaining the age of superannuation from Sohphoh Govt. LP School has to retire from Larnai Govt. LP School”. As a result of the said Corrigendum dated 05.01.2007, the Sohphoh Govt. LP School is supposed to have only one teacher. Page 4 of 7 7. In the writ petition, it is stated that the students strength of Sophphoh Govt. LP School are 130. It would be appropriate to mention here that the Govt. of India enacted the Act called “The Right of Children to Free and Compulsory Education Act, 2009”. Section 19 of the said Act of 2009, provides that norms and standards for a school and Section 25 of the said Act of 2009 provides pupil teacher ratio. Schedule to the said Act of 2009 provides that there shall be two teachers for 60 students. The relevant portion of the Schedule to the said Act of 2009 i.e. The Right of Children to Free and Compulsory Education Act, 2009 is quoted hereunder:- “THE SCHEDULE (See Sections 19 and 25) Norms and Standards for a School Sl.No. 1. Item Number of teachers: Norms and Standards (a) For first class to fifth class Admitted children Number of teachers Up to Sixty Between sixty-one to one Hundred and twenty Between ninety one to one Hundred and twenty. Between one hundred and Fifty children Above one hundred children Two Three Four Five plus one Head-teacher Pupil-Teacher Ratio (excluding Head teacher) shall not exceed forty. (b) For sixth class to eighth class (1)At least one teacher per class so that there shall be at least one teacher each for--- (ii)Social Studies; (iii)Languages. (i)Science and Mathematics; (2)At least one teacher for every thirty-five children. (3)Where admission of children is above one hundred--- (i)a full time head-teacher; (ii)part time instructors for---- (A)Art Education; Page 5 of 7 (B)Health and Physical Education; (C)Work Education.” 8. The respondents filed joint affidavit-in-opposition, wherein vide para 4, it is stated that the number of students in Sohphoh Govt. LP School are only 27. To the contra, learned counsel appearing for the petitioner stated that the total strength of students in the said Govt. LP School are 125 and the Headmaster of the School under his letter dated 31.05.2013 had already been forwarded the enrollment of Sohphoh Govt. LP School to the Sub-Divisional School Education Officer, (SDSEO), Jowai, West Jaintia Hills that the strength of students of Sohphoh Govt. LP School are 125. Learned Sr. GA appearing for the State respondents is not disputing that the said Act i.e. The Right of Children to Free and Compulsory Education Act, 2009 is extended to the State of Meghalaya and also Schedule to the said Act i.e. Act of 2009, had prescribed pupil teacher ratio. It is nobody’s dispute that there should be 3(three) teachers for the students between 61-100. After admitting this position of law, the only disputes between the parties is what is the number of students in Sohphoh Govt. LP School. 9. In the above factual backdrop, this writ petition is disposed of by directing the Director of School, Education and Literacy, Meghalaya, Shillong to find out the number of students of Sohphoh Govt. LP School for determining the number of teachers on the basis of the said Schedule i.e. Right of Children to Free and Compulsory Education Act, 2009, which had been quoted above. The petitioner should be allowed to participate in the enquiry and the enquiry should be completed within two months from the date of receipt of a certified copy of this judgment and order. It is further directed that necessary follow up action should be taken up on the basis of the findings of the enquiry for determining the number of teachers of Sohphoh Govt. LP School according to pupil teacher ratio Page 6 of 7 as indicated above within a period of one month from the date of completion of the enquiry. 10. This writ petition is allowed to the extent indicated above. (cid:1)(cid:2)(cid:3)(cid:4) JUDGE Page 7 of 7