WP(C) 2515/2009 BEFORE HON’BLE MR. JUSTICE AMITAVA ROY Heard Mr. N. Islam, learned counsel for the petitioner and Mr. S. Das, learned S tanding Counsel, Education Department. Though, notice of the proceeding has been duly served on Respondent No.5 and oth ers, none represents them. As the pleadings of the petitioner and the official respondents are on record, having regard to the nature of the controversy, this petition has been disposed of at the admission stage. The debate centres around the constitution of the school Managing Committee of t he 1376 Uttar Natanpur L.P. School (hereinafter for short referred to as the Sch ool). The petitioner contends that in the meeting held on 22.07.2008 of the then existing School Managing Committee, he was elected to be the President of the i ncoming body. While the proceeding of the said meeting were pending considerati on with the Block Elementary Education Officer, Katigorh Block, by the impugned order dated 27.05.2009 another Committee headed by the Respondent No.6 as the Pr esident thereof has been approved. On being aggrieved, the petitioner is before this Court. While the petitioner, has inter alia contended that no meeting in fact had been summoned and conducted on 21.05.2009 as represented by the impugned order leadin g to the constitution of the impugned Managing Committee, the official responden ts have pleaded that the body proposed in the meeting held on 22.07.2008 could n ot be approved in terms of the relevant guidelines for the reasons namely- (1)The petitioner being the President of the Bhairabpur Gaon Panchayat he was in eligible in law to be the President of the School Managing Committee, and (2) 50 per cent of the guardians of the wards of the School were not present the reat. In his affidavit-in-reply, the petitioner has dismissed the above grounds conten ding that the bar of being the President of the Bhairabpur Gaon Panchayat is not contemplated by the guidelines and further, as a matter of fact more than 50 pe r cent of the guardians, were present in the meeting held on 22.07.2008. The pet itioner has clarified as well that out of the total number of guardians of 35, 2 3 were present thereat. The learned counsel for the parties have reiterated the above stands. A bare perusal of the guidelines prescribed for administering the process for c onstitution of the school Managing Committee of the institutions involved, thoug h pose a bar for a person for being elected as the President of two such Managin g Committees, no such embargo is noticeable for a President of a Gaon Panchayat. It is not the assertion of the respondents that the petitioner is already the President of another school Managing Committee. This plea of the respondents in this regard is therefore of no avail to them. The above, notwithstanding the rival assertions with regard to the presence of 5 0 per cent of the guardians in the meeting held on 22.07.2008, if to be scrutini sed, it would be essential to delve into disputed questions of facts. The regis ter of the institution involved which contains, inter alia the proceedings of t he meetings of 22.07.2008 and 21.05.2009 demand a probe into the relevant facts for a fair adjudication. Be that as it may, as this factual aspect needs to be verified for an appropriat e decision, vis-à-vis, the issue of constitution of the school Managing Committe e, it is considered expedient to remit the matter to the Block Elementary Educat ion Officer, Katigorh Block to take the required decision in this regard after a ffording all reasonable opportunities of hearing to both the sides. The decisio n so taken, would be communicated to the parties concerned forthwith thereafter. As the confrontation has the potential of adversely affecting the academic atmos phere of the School, it is ordered that the exercise as above, should be complet ed within a period of 1(One) month from the date of receipt of the certified cop y of this order. No costs.