1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :: ORDER :: S.B. CIVIL WRIT PETITION NO.9849/2010 Rajasthan Shikshak Sangh (Siyaram) Vs. State of Rajasthan and Ors. DATE OF ORDER :: 28.10.2010 PRESENT HON'BLE MR. GOVIND MATHUR ,J. Mr. S.P. Sharma, for the petitioner. BY THE COURT : The petitioner, an association of the Teachers working in the Government schools in District Barmer, by this petition for writ is challenging the new Regulations introduced by the Government of Rajasthan for School Management Committee. In brief, facts of the case are that the Government of Rajasthan circulated a policy on 29.5.2003 to constitute School Development Management Committee with an object of public participation in universalisation of education and decentralisation of managerial system. In the policy aforesaid, the School Management Committee is required to have members from 2 amongst the teachers, parents or guardians of children and elected representative of local authority like Panchayat Samiti / Municipal Board. The School Management Committee is responsible to monitor the working of the school, prepare and recommend school development plan, monitor the utilisation of the grants received from the State Government or local authority or any other source, and to perform such other functions as may be prescribed. The Committee aforesaid is presided by the Head Master of the School. On introduction of the Right of Children to Free and Compulsory Education Act, 2009 (for short 'the Act of 2009' hereinafter) Constitution of the School Management Committee has become mandatory in view of the provisions of Section 21 of the Act aforesaid. The Government of Rajasthan has prescribed new regulations for Constitution of School Management committee and those are circulated under a letter dated 11.6.2010. As per the new Regulations, the School Management Committee shall be having eleven members and the Committee is required to be headed by the parents or guardians of the student admitted to the School. The grievance of the petitioner is that the new Regulations prescribed by the State Government for Constitution of School Management Committee shall adversely effect teaching system and also day to day management of the school in view of the fact 3 that it will permit interference of parents or guardians and members of the local authorities in functioning of the Educational Institution. It is asserted that school education is an important task, and it is required to be monitored by teachers only, as such, the provision of keeping the head of the School Management Committee from amongst the parents or guardians is bad. Heard learned counsel for the petitioner. The constitution of School Management Committee is required to be made as per provisions of Section 21 of the Act of 2009 and to regulate such Committee instructions can be given by the State Government. The petitioner is not challenging the competence of the State for prescribing such instructions, but is assailing the regulations to the extent those prescribe that the School Management Committee shall be headed by the parents or guardians. The instructions so given are purely administrative and such an administrative instructions are not required to be interfered by this Court while exercising powers under Article 226 of the Constitution of India, until those are not in violation of any provision of part-III of the Constitution of India or are shockingly arbitrary. I do not find any reason to held the policy circulated by the State Government for Constitution of the School Management Committee arbitrary or in violation of any 4 fundamental right of the petitioner Association or any person or citizen. In such circumstances, I am not inclined to interfere in the matter, the petition for writ is dismissed accordingly. (GOVIND MATHUR), J. rm/