AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Mr. M. Ahmed, learned counsel for the petitioner, Ms. R. Chakraborty, learned Standing Counsel for the Elementary Education
Department, Government of Assam as well as Mr. R. Islam, learned counsel appearing for the respondent No.5 being the newly constituted
School Managing Committee of N.K. ME Madrassa, Nuperer Alga.
The petitioner was constituted as the School Managing Committee of N.K ME Madrassa, Nuperer Alga and had received the approval of the
District Elementary Education Officer, Dhubri as per the order No.EED-193-P/88/Pt/2014/19486 dated 11.03.2015. The petitioner is aggrieved
by the communication dated 08.08.2017 from the In-charge, Block Elementary Education Officer, Manchachar addressed to the Headmasters of
different LP School/Madrassas including the NK ME Madrassa.
The said communication provides that the School Management Committees of Government/provincialised Elementary Schools are to complete
their term of three years by August/September, 2017. Accordingly, the communication provides that the new School Management Committees be
formed in all such schools before the completion of the tenure of the current School Management Committees. The petitioner contends that the
School Management Committee of NK ME Madrassa having been constituted and approved on 11.03.2015, therefore, under the provisions of
Rule-13(1)(i) of the Assam Right of Children to Free and Compulsory Education Rules, 2011, the term of the School Management Committee is
for a period of three years and as the petitioner School Management Committee was constituted and approved on 11.03.2015, therefore, the term
of three years would expire only on 10.03.2018. Accordingly, the petitioner is aggrieved by the provisions in the communication of 08.08.2017 to
the extent that in the communication, it is provided that the School Management Committees are going to complete their term of three years by
August/September, 2017.
In view of the factual situation that the petitioner School Management Committee was constituted and approved on 11.03.2015, it is provided
that the said communication of 08.08.2017 in respect of the petitioner school should be read that the School Management Committee is going to
complete their term of three years by 10.03.2018. However, the further provisions of the communication of 08.08.2017 that the New School
Management Committees be formed before the completion of the tenure of the existing School Management Committees shall however remain. In
other words, in respect of the petitioner school, the authorities would be at liberty to form a new School Management Committee, but even though
it may be constituted and approved, but the same shall come into effect only from 11.03.2018 i.e. after completion of three years of the existing
School Management Committee. In terms of the above, the writ petition stands disposed of.