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Judgment
This writ petition has been filed by the petitioners, who are stated to be the Chairman and Secretary of the Managing Board Committee of Hill Model High School and the Headmaster of the said School seeking to set aside the impugned order dated 22.2.2016 issued by the first respondent.
The case of the petitioner is that Hill Model Government Aided High School was established in the year 1971 with the sole objective of enlightening and imparting education to the remote areas of Singngat Sub-Division, Churachandpur District, Manipur Hill Model Government Aided High School produced a good number of officers serving in Central and State Governments in various fields. With the kind assistance from the Government of Manipur, the school was running smoothly. While so, the Government was trying to take over many Aided High Schools, including Hill Model Government Aided High School. Therefore, on 14.5.2008, the Managing Board Committee of the School submitted a representation to the Additional Director (Hills), Education-S), Government of Manipur objecting the proposal for taking over of the School. On 30.11.2015, the Managing Board Committee submitted a representation to the Hon'ble Chief Minister to rescind the Cabinet decision to upgrade the said Hill Model Government Aided High School into a Government High School. However, on 22.2.2016, the 1st respondent issued the impugned order, thereby taking over as many as 13 Aided High Schools and amalgamating them with the existing 13 High Schools which includes the petitioners School. Challenging the same, the petitioners have filed this writ petition.
Resisting the writ petition, the respondents filed affidavit-in-opposition stating that the respondent authorities had obtained no objection certificate for conversion of the School into a full fledged Government High School from the Secretary of the said Aided School. It is stated that 11 out of 13 Government Aided Schools are functioning at the same building and campuses with 11 Government Junior High Schools having Classes I-VIII. The campuses of the remaining 2 Aided Schools are adjacent to the campuses of the 2 Government Junior High Schools. The existence of 2 different categories of Schools in the same adjacent building and campuses is causing administrative difficulties.
It is stated in the affidavit-in-opposition that the Aided School employees are getting their salary and allowances as per ROP 1999. As such additional financial liabilities in absorbing and praying their salary as per ROP, 2010 is estimated at approximately Rs.1.30 Crores per year. All the 13 Government Aided Schools have sanction strength of 3 Graduate Teachers and 1 LDC each and all the sanctioned post are filled in. The State Cabinet approved to convert 13 Government Aided Schools in Hill areas having classes IX and X into full fledged Government High School on 27.11.2015. Since policy decision was taken by the Administrative Department after considering all the relevant aspect, the writ petition is not maintainable and the same is liable to be dismissed.
Assailing the impugned order, the learned counsel for the petitioner submitted that before issuing the impugned order no notice was given to the Managing Board Committee of the School, thereby the respondent authorities violated the principles of natural justice. He would submit that the impugned order was issued thereby taking away the school of the petitioners without the 4 consent of the Managing Board Committee of the Hill Model High School, including its properties.
The learned counsel next submitted that right of the petitioners and the villagers who belong to minority tribes and communities to establish and administer educational institutions as protected by Article 30 of the Constitution of India has been violated by taking away their school without any permission or consent. He would further submitted that on taking over of the School in question, the students and future students of the village shall be deprived of their chance to get quality education as well as both the teaching of religious nature and customs and traditions etc. Therefore, the impugned order is liable to be set aside.
Reiterating the affidavit-in-opposition, the learned counsel for the respondent State submitted that after obtaining no objection certificate from the Managing Board Committee, the School in question was taken over by the Government. Moreover, on 27.11.2015, the State Cabinet has given approval for conversion of 13 Government Aided Schools in Hill areas having classes IX and X into full fledged Government High School. Therefore, there is no arbitrariness in taking over the School in question by the Government and thus, prayed for dismissal of the writ petition.
I have considered the submissions made by the learned counsel appearing on either side and also perused the materials available on record.
Admittedly, the School in question viz., Hill Model High School, was converted as full fledged Government High School vide the impugned order and pending writ petition, the Government appointed teaching and non-teaching staff by an order dated 8.11.2016 and the said fact has been admitted by the petitioners by filing additional affidavit.
The grievance of the petitioners is that before issuing the impugned order, no notice was given to the Managing Board Committee of the Hill Model High School and taking away the School of the petitioners without the consent of the Managing Board Committee including its properties caused much hardship to the petitioners.
On the other hand, it is the say of the respondent State that only after obtaining no objection certificate from the Secretary of Hill Model Aided High School, the conversion has taken place. It is also the say of the respondent State that not only the Hill Model Aided High School by way of impugned order 13 Government Aided High Schools were taken over by the respondent State.
The petitioners have disputed the alleged no objection declaration dated 8.3.2014 stated to have been given by the Secretary of Hill Model Aided High School. According to the petitioners, the alleged no objection declaration was signed by one Zarual. The second petitioner in the present writ petition is T.Zarual and the second petitioner contend that he had never gave the alleged no objection declaration and his signature has been forged. He had obtained the said no objection declaration through RTI application on 05.12.2016 and thereafter, he had lodged a police complaint before Singngat Police Station .and the case has been registered in FIR No.6(12)2016 under Sections 464, 468, 471, 34 IPC and the investigation is going on.
The respondents have not disputed that the petitioners 1 and 2 are the Chairman and Secretary of the School in question. When the petitioners challenged the impugned order on the ground that the same is hit by the principles of natural justice, this Court is duty bound to consider the case of the petitioners that before issuing the impugned order, whether notice was given to the petitioners. For the sake of convenience, the impugned order is extracted below:
"ORDERS BY THE GOVERNOR
Imphal, the 22nd February, 2016
(Order No.47 of 2016)
No.17/3/06-SE(S): The Governor of Manipur is pleased to accord approval to the take over of the 13 (thirteen) Government Aided High Schools in the Hill Districts having classes IX & X only as Government High Schools along with amalgamation of these 13 (thirteen) High Schools with the respective 13 (thirteen) Government Junior High Schools that are functioning at the same campus or at the adjacent campus under the new nomenclature as detailed in the Annexure, with immediate effect under the terms and conditions given below:
1) The liabilities of the School as on the date of conversion will not be accepted by the Government and will have to be settled by the School Managing Committee.
2) No claim for compensation for land or other properties will be entertained by the Government. The landed property of the School before conversion should be duly registered and mutated in the name of the School.
3) All the 52(fifty two) approved staff @ 3(three) Graduate Teachers and 1(one) LDC for each school who are approved by the Education (5) Department will be retained after conversion.
4) The services of the staff as Government employees will commence from the date of conversion, but their pay and next date of increment will be protected after the particulars of their services are duly verified by the Director of Education(S), Manipur.
5) All the properties of the School that have been shown as assets must remain intact. These will have to be handed over physically within 30 days from the date of issue of the conversion orders.
6) Further, the Director of Education(S), Manipur shall issue respective appointment orders in favour of the Approved teachers and staff of the respective schools.
This issues with the concurrence of Finance Department vide their UO No.198/2015-2016/FD(PIC) dated 07.01.2016.
By order and in the name of the Governor
Sd/xxx
(H.Deleep Singh)
Commissioner (Education-S)
Government of Manipur."
Admittedly, the impugned order does not reflect any prior notice to the Schools, which were taken over by the Government. Further, the alleged no objection given by the Secretary and/or School Managing Committee etc. have also been reflected in the impugned order. No reference has been cited in the order. The impugned order only states that the Governor of Manipur is pleased to accord approval to take over the 13 Government High Schools in the Hill Districts.
It appears that when the State Government was planning to convert grant-in-aid schools to Government Schools, on 14.5.2008, the Secretary of the Managing Board, Hill Model Government Aided High School has submitted a representation to the Additional Director (Hills), Education Department(S), Manipur. Further, on 30.11.2015, the Managing Board Committee of Hill Model Government Aided High School submitted a representation to the Hon'ble Chief Minister to rescind the Cabinet decision in respect of Hill Model Government Aided High School and to retain the status as Government Aided High School in the interest of the students, in particular, the inhabitants of the interior part of the District in general. It appears that after passing the impugned order, the Managing Board Committee has passed a resolution dated 18.03.2016 to object the proposed amalgamation and taking over of the school by the Government.
As stated supra, the alleged no objection declaration given by the Secretary of the Managing Board Committee is dated 08.03.2014. When the Secretary of the Managing Board Committee viz., T.Zarual has given letter dated 14.05.2008 objecting the conversion, how it could be possible for him in the year 2014 to give the alleged no objection declaration. Therefore, the alleged no objection declaration dated 08.03.2014 relied on by the respondent State whether it was really given by the Secretary or not cannot be decided in the present dispute. This Court is concerned with primarily whether before issuing the impugned order, the petitioners were heard and due opportunity was given to them. On a perusal of the impugned order and as stated above, no prior notice was issued to the petitioners, who are stated to be the Chairman, Secretary and Headmaster of the School in question. It is to be noted that the actual date of taking over of the School in question was not given by either parties.
Since the School in question was taken over by the respondent State and conversion has been made as Government High School, without disturbing the said position, this Court is of the view that the impugned order in respect of the School in question suffers on the ground of violation of principles of natural justice. Therefore the matter is remanded to the respondent authorities, who shall consider the earlier representations of the petitioners and after giving sufficient opportunity to the petitioners, pass fresh order in accordance with law, within a period of two months from the date of receipt of a copy of this order. While passing the fresh order, the respondent authorities are directed to take note of the alleged no objection declaration stated to have been given by the Secretary T.Zarual. It is made clear that this Court has not delved into the rights of the respondent State in taking over the School in question and this Court remanded the matter only on the ground of principles of natural justice. It is also made clear that remanding the matter to the respondent authorities will not by itself change the nomenclature of the School in question.
With the above observation and direction, the writ petition is disposed of. No costs.