--- 1 --- HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE S.B.: HON'BLE MR. S. C. SHARMA, J WRIT PETITITION NO. 6674 / 2010 PARENTS TEACHERS ASSOCIATION, KASTURBA GANDHI GIRLS SCHOOL PITHANPUR Vs. STATE OF MP & 5 ORS., * * * * * O R D E R ( 11/1/2011) The petitioner before this court, a Parents Teachers Association of Kasturba Gandhi Girls School / Hostel, Pithanpur, has filed this present petition being aggrieved by the action of respondents No.2, 3 and 5 in handing over the management of the hostel to a non-government organisation. The contention of the petitioner is that on 4/1/08 the Collector / Mission Director, Distt. Education Centre, Dhar has ordered establishment of a Hostel at Kasturba Gandhi Madhyamik Vidyalaya, Model – I at Pithanpur, Block Dahi and a Hostel was established with one Sahayak Adhyapak namely Smt. Krishna Alava as Warden of the Hostel. It has been stated that the Management of the School as well as the --- 2 --- Hostel was being looked after by the Parents Teachers Association and an account was operated jointly by the Parents Teachers Association and the Warden. The petitioner has further stated that as per the provisions of Sec. 12 of the MP Jan Shiksha Adhiniyam of 2002, the Parents Teachers Association is responsible for managing the affairs of the School / Hostel and the Rules have also been framed under the provisions of the Jan Shiksha Adhiniyam known as MP Jan Shiksha Niyam, 2003 and Rule 8 deals with the constitution of Parents Teachers Association. It has also been argued that the Parents Teachers Association is responsible for the management of the School and it also functions as a Unit of the Village Education Committee. The petitioner has further stated that by virtue of the statutory provisions, the respondents could not have handed over the charge of the hostel to a non-governmental organisation and it is only the Parents Teachers Association who is entitled to look after the management of the School as well as the Hostel. Learned counsel for the petitioner has relied upon a judgment delivered in the case of Rajmal Rathore Vs. State --- 3 --- of MP & Ors., [WP NO. 6626/2010(s)] and his contention is that the policy decision if any on the part of the State Government cannot supersede the statutory provisions as contained under the MP Jan Shiksha Adhiniyam, 2002 as well as under the MP Jan Shiksha Niyam, 2003. He has prayed for quashing of the order passed by the respondent by which the management of the Hostel has been handedover to respondent No.6 non-governmental organisation. A reply has been filed in the matter and the contention of the respondent State is that as per the provisions of Sec. 12 of the MP Jan Shiksha Adhiniyam, 2002, a Parents Teachers Association is established for the purposes of management and proper functioning of the School. It has also been stated that a policy decision was taken by the State Government in order to ensure availability of better facilities to the residents of the Hostel, to handover the management of the Hostel to a non-governmental organisation and an advertisement was issued on 7/8/08 in a local daily (Dainik Bhaskar) on 20/8/10. The respondents have also stated that a --- 4 --- Committee was also constituted vide letter dt. 7/8/08 under the Chairmanship of the Collector including 8 members and the Committee has enquired into the functioning of the Hostel and capability of respondent No.6 about managing the affairs of the Hostel. It has also been stated that based upon the report of the Committee, final charge of the Hostel has been handed over to a NGO – respondent No.6 and they have not violated any statutory provisions in handing over the charge of the Hostel to respondent No.6. The respondents have prayed for dismissal of the writ petition. Heard learned counsel for the parties at length and perused the record. In the present case, the petitioner, a Parents Teachers Association, has been constituted by virtue of the provisions as contained u/S. 12 of the MP Jan Shiksha Adhiniyam, 2002. Section 12 of the Adhiniyam of 2002 reads as under : 12. Parent Teacher Association.- In every school there shall be a Parent Teacher Association. The constitution and functions of the Parent Teacher Association and its executive committee shall be such as --- 5 --- may be prescribed. The parent Teacher Association shall perform the following duties namely;- (a) to ensure cent percent enrollment in the schools of all the children of school area, in the age group 5 to 14 years. (b) to ensure regular attendance of students and teachers in schools. (c ) to monitor the achievement levels of learners in the various competencies of different subjects. (d) such other duties as may be prescribed. The aforesaid statutory provision of law provides for constitution and function of Parents Teachers Association. It includes ensuring regular attendance of students and teachers in School, to monitor achievements and also to look after other duties as may be prescribed. The State Government in exercise of powers conferred by sub-Section (1) of Sec. 36 of the MP Jan Shiksha Adhiniyam, 2002 has framed Rules known as MP Jan Shiksha Niyam, 2003 and Rule 8 of the Rules of 2003 also deals with the Parents Teachers Association. Rule 8 of the Rules of 2009 provides that the Parents Teachers Association shall be responsible for the management of the School and shall function as a --- 6 --- Unit of Village Education Committee. In the present case, the Parents Teachers Association has not been abolished. There is no order passed by the respondents No.1 to 5 transferring the management of the School from Parents Teachers Association to respondent No.6. In the present case, the petitioners' grievance is that the management of the School / Hostel has been transferred to respondent No.6. This Court has carefully gone through the order of the Commissioner, State Education Centre dt. 7/8/08 and the order reveals that a policy decision has been taken by the State Government in order to ensure better facilities to the Girls residing in Kasturba Gandhi Vidyalaya, for transfer of Management of Hostel / School to a NGO. The advertisement enclosed along with the return reflects that a policy decision was taken by the State Government in order to provide educational facilities to platform children and hostel facilities in respect of the residential school. The advertisement was issued in Dainik Bhaskar and after scrutinising the applications, the respondent No.6 was selected by a Committee. The Committee is presided over --- 7 --- by the Collector and includes Distt. Project Officer, Dy. Director Education, Principal, DIET and also includes other members. Based upon the recommendation of the Committee, the management of the School and the Hostel has been handed over to a NGO. The petitioners grievance is that the Parents Teachers Association is being excluded to monitor the functioning of the school in question. The statutory provision on the subject does certainly entitle the Parents Teachers Association to monitor the management of the School and even if the management has been handed over to a NGO, the Parents Teachers Association can certainly monitor the functioning of the School as a Supervisory body and in case any irregularity of any kind is noticed by the Parents Teachers Association, the Parents Teachers Association is certainly empowered to forward any complaint or any irregularity to the Committee constituted in the matter. There is no manner of doubt that the statutory provisions cannot be superseded by issuing executive instructions as held by this Court in the case of Rajmal Rathore Vs. State of MP & Ors., [WP NO. 6626/2010(s)]. --- 8 --- However, as in the instant case, in order to ensure availability of better facilities including food and shelter to the young girls who are residing in the Kasturba Gandhi Balika Vidyalaya, the day to day affairs of the Hostel / School have been handed over to respondent No.7 after following the prescribed procedure and therefore no case for interference is made out in the matter in the peculiar facts and circumstances of the case. However, it is further clarified that the Parents Teachers Association, by virtue of the statutory provision shall be entitled to act as a Supervisory body in respect of management of the School and the Parents Teachers Association shall be free to exercise all such powers conferred upon the association by virtue of the Adhiniyam of 2002 read with the Rules framed thereunder of 2003. With the aforesaid this petition stands disposed of. No order as to costs. (S. C. SHARMA) J U D G E KR