SHILLONG: The High Court of Meghalaya in a recent ruling observed that there cannot be any headmen in normal areas.
While dealing with a case related to the delay on the part of the Education Department to recognise the managing committee of R.B Anupchand Hindi Secondary School with the nod of the headman, Judge SR Sen in his order on July 27 said, “In normal areas, there is no question of headman. Besides that, no rule permits that a non-tribal can be a headman. The procedure of election of the headman is that he is to be elected by the people of a particular area and thereafter he is to get the Sanad from the Syiemship.”
During the hearing of the case, MF Qureshi, the counsel for the petitioner submitted that the terms of the managing committee of the school will expire on August 3 and hence a proposal was sent to the East Khasi Hills District School Education Officer to constitute the committee on April 26 this year.
The Education Officer had consulted the headman, which is beyond the rule as a headman has no role in constituting a school committee.
The counsel, A.S Siddiqui, on behalf of caveator Pawan Sharma submitted that if the department feels to constitute the managing committee, it should proceed in accordance with the rules.
The judge referred to the letter, written by headman of Police Bazar S.L Singhania addressing the District School Education Officer, on January 1 this year where he had recommended the names of certain persons to be president, secretary and members of the new managing committee.
The court said after hearing the submissions, two issues came up before the court; the first one as to who is to constitute the managing committee and secondly under what rule the headman can recommend names to constitute the managing committee.
The court said from the Assam Education Department Rules and orders which were adopted by the Meghalaya government, Section 11 clearly speaks who can constitute the managing committee.
According to the court, it is very clear that the Education Department should constitute the managing committee and it is not necessary to discuss or take any approval from the headman.
The Judge said he cannot understand how one S.L Singhania recommended names “which is highly illegal and unwanted. However, this time I am not passing any strong order or take any action and direction”.
The court directed the Government to constitute the managing committee before the expiry of the present one in accordance with the rules and laws adopted by the Meghalaya government. The term of the present committee will expire on August 3.
“I further order that no consultation is required with the headman,” the judge asserted.
