T. Nandakumar Singh, J.

1. Heard Mr. A.S. Siddiqui, learned counsel appearing for the petitioner and also Mr. N.D. Chullai, learned Sr. GA, assisted by Mr. K.P. Bhattacharjee, learned GA, appearing for the respondents.

2. This is the second time the petitioner approached this Court by filing the writ petition regarding the constitution of the Management Committee of Konarchar Girls U.P. School. The petitioner had earlier approached this Court by filing writ petition being WP(C) No. 206/2013 against the present respondents No. 1, 2 and 3 for a direction to convene the meeting of the parents and guardians of the School to constitute the Management Committee of the Konarchar Girls U.P. School.

3. The Parliament enacted the called the "Right of Children to Free and Compulsory Education Act, 2009," and this Act is extended to the whole of India except Jammu and Kashmir. The said Act i.e. Right of Children to Free and Compulsory Education Act, 2009 was brought into force on 01-04-2010. Section 21 of the said Act, 2009 prescribes the composition of the School Management Committee and for convenience Section 21 of the said Act is quoted hereunder:

"21. School Management Committee - A school, other than a school specified in sub-clause (iv) of clause (n) of Section 2, shall constitute a School Management Committee consisting of the elected representatives of the local authority, parents or guardians of children admitted in such school and teachers:

Provided that at least three-fourth of members of such Committee shall be parents or guardians:

Provided further that proportionate representation shall be given to the parents or guardians of children belonging to disadvantaged group and weaker section:

Provided also that fifty per cent of Members of such Committee shall be women.

(2) The School Management Committee shall perform the following functions, namely:--

(a) monitor the working of the school;

(b) prepare and recommend school development plan;

(c) monitor the utilisation of the grants received from the appropriate Government or local authority or any other source; and

(d) perform such other functions as may be prescribed.

[Provided that the School Management Committee constituted under sub-section (1) in respect of,-

(a) a school established and administered by minority whether based on religion or language; and

(b) all other aided schools as defined in Sub-section (ii) of clause (n) of Section 2,

Shall perform advisory function only.]"

4. The composition and functions of the School Management Committee are provided under Rule 3 of the Right of Children to Free and Compulsory Education Rules, 2009 framed by the Central Government in exercise of the powers under Section 38 of the said Act, 2009. Rule 3 of the said Rules, 2010 read as follows:

"3. Composition and functions of the School Management Committee.--(1) A School Management Committee (hereinafter in this rule referred to as the said Committee) shall be constituted in every school, other than an unaided school, within six months of the appointed date, and reconstituted every two years.

(2) Seventy-five per cent, of the strength of the said Committee shall be from amongst parents or guardians of children.

(3) The remaining twenty-five per cent, of the strength of the said Committee shall be from amongst the following persons, namely-

(a) one-third members from amongst the elected members of the local authority, to be decided by the local authority;

(b) one-third members from amongst teachers from the school, to be decided by the teachers of the school;

(c) one-third members from amongst local educationists or children in the school, to be decided by the parents in the said Committee.

(4) To manage its affairs, the said Committee shall elect a Chairperson and Vice-Chairperson from among the parent members; the head teacher of the school, or where the school does not have a head teacher, the senior most teacher of the school, shall be the ex-officio member-convenor of the said Committee.

(5) The said Committee shall meet at least once a month, and the minutes and decisions of the meetings shall be properly recorded and made available to the public.

(6) The said Committee shall, in addition to the functions specified in clauses (a) to (d) of sub-section (2) of Section 21, perform the following functions, namely:

(a) communicate in simple and creative ways to the population in the neighbourhood of the school, the rights of the child as enunciated in the; as also the duties of the appropriate Government, local authority, school, parent and guardian;

(b) ensure the implementation of clauses (a) and (e) of Section 24, and of Section 28;

(c) monitor that teachers are not burdened with non-academic duties other than those specified in Section 27;

(d) ensure the enrolment and continued attendance of all the children from the neighbourhood in the school;

(e) monitor the maintenance of the norms and standards specified in the Schedule;

(f) bring to the notice of the local authority any deviation from the rights of the child, in particular mental and physical harassment of children, denial of admission, and timely provision of free entitlements as per sub-section (2) of Section 3;

(g) identify the needs, prepare a plan, and monitor the implementation of the provisions of Section 4;

(h) monitor the identification and enrolment of, and facilities for education of children with disability, and ensure their participation in, and completion of elementary education;

(i) monitor the implementation of the midday meal in the school;

(j) prepare an annual account of receipts and expenditure of the school.

(7) Any money received by the said Committee for the discharge of its functions under this Act, shall be kept in a separate account, to be audited annually.

(8) The accounts referred to in clause (j) to sub-rule (6) and in sub-rule (7) should be signed by the Chairperson or Vice-Chairperson and convenor of the said Committee and made available to the local authority within one month of their preparation."

5. Mr. N.D. Chullai, learned Sr. counsel appearing for the State respondents also contended that the Governor of Meghalaya in exercise of the powers conferred by Section 38 of the said Act, 2009 had framed the Rules called "The Meghalaya Right of Children to Free and Compulsory Education Rules, 2011. Rule 13 of the said Rules, 2011 prescribes the composition and functions of the School Management Committee for the purposes of Section 21 of the said Act, 2009, the Rule 13 of the said Rules, 2011 read as follows:

"13. Composition and functions of the School Management Committee for the purposes of section 21.

1. A School Management Committee shall be constituted in every school, other than an unaided school, within its jurisdiction, within six months of the appointed date, and re-constituted every two years.

2. Seventy five percent of the strength of the School Management Committee shall be from amongst parents or guardians of children studying in the school.

3. The remaining twenty five percent of the strength of the SMC shall be from amongst the following persons.

(a) one third members from amongst the elected members of the local authority, to be decided by the local authority.

(b) one third members from amongst teachers from the school, to be decided by the teachers of the school;

(c) remaining one third from amongst local educationists/children in the school, to be decided by the parents in the Committee.

4. To manage its affairs, the School Management Committee shall elect a Chairperson and Vice Chairperson from among the parent members. The Head teacher of the school or where the school does not have a head teacher, the senior most teacher of the school shall be the ex officio Member - Convener of the School Management Committee.

5. The School Management Committee shall meet at least once a month and the minutes and decisions of the meetings shall be properly recorded and made available to the public.

6. The School Management Committee shall, in addition to the function specified in clauses (a) to (d) of section 21(2), perform the following functions, for which it may constitute smaller working groups from amongst its Members:

(a) communicate in simple and creative ways to the population in the neighbourhood of the school, the rights of the child as enunciated in the; as also the duties of the State Government, local authority, school, parent and guardian;

(b) ensure the implementation of clauses (a) and (e) of section 24 and section 28.

(c) monitor that teachers are not burdened with non academic duties other than those specified in section 27;

(d) ensure the enrolment and continued attendance of all the children from the neighborhood in the school.

(e) monitor the maintenance of the norms and standards prescribed in the Schedule;

(f) bring to the notice of the local authority any deviation from the rights of the child, in particular mental and physical harassment of children, denial of admission, and timely provision of free entitlements as per section 3(2).

(g) identify the needs, prepare a Plan, and monitor the implementation of the provisions of Section 4.

(h) monitor the identification and enrolment of, and facilities for learning by disabled children, and ensure their participation in, and completion of elementary education

(i) monitor the implementation of the Mid Day Meal in the school.

(j) prepare an annual account of receipts and expenditure of the school.

7. Any money received by the School Management Committee for the discharge of its functions under this Act, shall be kept in a separate account, to be made available for audit every year.

8. The accounts referred to in clause (j) to sub - Rule (6) and sub - Rule (7) should be signed by the Chairperson/Vice - Chairperson and Convener of the School Management Committee and made available to the local authority within one month of their preparation."

6. By Rule 3 of the Meghalaya Right of Children to Free and Compulsory Education (Amendment) Rules, 2014, the existing sub-rule 7 and sub-rule 8 had been omitted and new sub-rule 7 had been inserted. Newly sub-rule 7 of Rule 13 read as follows:

"7. The School Management Committee constituted under these rules or as the case may be, under sub-section (1) of section 21 of thein respect of -

(i) a school established and administered by minority whether based on religion or language; and

(ii) all other aided-schools as defined in sub-section (ii) of clause (n) of section 2, of the:--

Shall perform advisory functions only in respect of those duties indicated from sub-rule (6)(a) to sub-rule (6)(j) of the rule 13 to those sponsoring bodies of the schools (School Managing Committees) as defined in sub-clause (ii) of clause (n) of section 2 of the". The powers and functions of School Managing Committee shall remain unchanged."

7. This Court had disposed of the said writ petition i.e. WP(C) No. 206 of 2013 vide judgment and order dated 19-11-2014 by directing the said respondents to take necessary steps as per the observations in that judgment by taking into consideration the provision as laid down under Section 21 of the Right of Children to Free and Compulsory Education Act, 2009, Rule-3 of the Right of Children to Free and Compulsory Education Rules, 2010 and all exercises shall be completed within one month from the date of receiving the certified copy of the said judgment.

8. In the present writ petition, it is stated that in compliance with the direction of this Court in the said judgment and order dated 19-11-2014 passed in WP(C) No. 206/2013 and also in compliance with the provisions of the Right of Children to Free and Compulsory Education Act, 2009 had convened the meeting for constitution of the new Management Committee of the School i.e. Konarchar Girls U.P. School on 02-03-2015. It is also stated that the proceedings of the said meeting held on 02-03-2015 for constitution of the new Management Committee of the said School had been submitted to the respondent No. 3 under the letter of the petitioner dated 05-05-2015. It is also stated that after submitting the proceedings of the said meeting held on 02-03-2015 for approval to the respondent No. 3 the Joint District Mission Coordinator SSA/District School Education Officer, Dadenggre, West Garo Hills, Meghalaya, the petitioner had repeatedly requested the respondent No. 3 for taking necessary action, but till date the respondent No. 3 has not taken any decision. Hence, this present writ petition for a direction to the respondents to approve the duly elected Management Committee of Konarchar Girls U.P. School constituted in the said meeting held on 02-03-2015.

9. In the above factual backdrop, the writ petition is disposed of by directing the respondents, more particularly, the respondent No. 3 to take appropriate decision on the constitution of the School Management Committee of the Konarchar Girls U.P. School in the meeting held on 02-03-2015 within a period of 2(two) weeks from the date of receipt of the certified copy of this order.

10. With the observation and direction, the writ petition is disposed of.