Managing Committee of Tillapara Girls Ssa L.P. School v. State of Meghalaya and 7 Ors

Serial No. 02 Regular List

HIGH COURT OF MEGHALAYA AT SHILLONG MC (WA) No. 41 of 2024

Date of Decision: 03.04.2025 Managing Committee of Tillapara Girl's S.S.A, L.P. School, Rajabala, West Garo Hills, Meghalaya Represented herein by its Chairperson, Shri Anowar Ali.

… Applicant(s) Versus

¶1State of Meghalaya represented by The Secretary to the Government of Meghalaya, Education Department, Meghalaya.

¶2Director of School Education and Literacy, Meghalaya, Shillong.

¶3The State Project Director, SSA Meghalaya, Shillong

¶4The District Mission Coordinator, SSA West Garo Hills, Tura.

¶5The Sub-Divisional School Education Officer/ Joint District Mission Coordinator, Dadenggre, West Garo Hills.

¶6The Block Mission Coordinator SSA, Selsella, West Garo Hills.

¶7Smti Oleda Sheikh, D/o Dilmohammad Sheikh, R/o Rajabala, P.S. Phulbari, District, West Garo Hills, Meghalaya

¶8Smti Supiya Khatun, W/o Shi Moktal Hussain, R/o Sakmal, P.O. Rajabala, P.S. Phulbari, West Garo Hills, District … Respondent(s)

_________________________________________________________ Coram: Hon'ble Mr. Justice H. S. Thangkhiew, Judge Hon'ble Mr. Justice B. Bhattacharjee, Judge

Appearance: For the Applicant(s) : Mr. S. Sen, Adv. with

Mr. M.U. Ahmed, Adv.

For the Respondent(s) : Mr. K.P. Bhattacharjee, GA with

Ms. S. Shyam, GA (For R 1-6)

Ms. P. Biswakarma, Adv. (For R 7)

Ms. D. Kharnonglang, Adv.

vice Mr. S.A. Sheikh, Adv. (For R 8)

i) Whether approved for reporting in

Law journals etc:

ii) Whether approved for publication

in press: Per. H.S. Thangkhiew, Judge:

(ORAL)

¶1Heard Mr. S. Sen, learned counsel for the applicant.

¶2Also heard Mr. K.P. Bhattacharjee, learned GA for the respondents Nos. 1 to 6, Ms. P. Biswakarma, learned counsel for the respondent No. 7 and Ms. D. Kharnonglang, learned counsel vice Mr. S.A. Sheikh, learned counsel for the respondent No. 8.

¶3This application has been filed seeking leave of the Court to prefer a writ appeal against the impugned Judgment and Order dated

31.07.2024, passed in WP(C) No. 390 of 2016.

¶4Mr. S. Sen, learned counsel for the applicant submits that the applicant desires to prefer the appeal, inasmuch as, in the writ proceedings they were not impleaded as parties, and further in the impugned Judgment and Order, certain observations had been recorded, which were not in the pleadings and has affected the rights of the applicant. The learned counsel has drawn the attention of this Court to the impugned Judgment and Order, wherein these observations are contained at Para-38, of the judgment thereof.

¶5The learned counsel for the respondents have no objection to the said prayer of the applicant for grant of leave to appeal.

¶6On hearing the learned counsel for the parties, and perusing the impugned Judgment and Order sought to be appealed against, this Court allows the instant application, and the applicant is permitted to file the said appeal.

¶7Misc. Case stands disposed of.

(B. Bhattacharjee)

(H.S. Thangkhiew) JUDGE

JUDGE

Meghalaya

03.04.2025 "V. Lyndem PS"

Date: 2025.04.03 17:36:05 IST