WP(C) 5956/2010 BEFORE HON’BLE MR JUSTICE B.K. SHARMA. Heard Mr. D.A. Kaiyum, learned counsel for the petitioner as well as Mr. H.R.A. Choudhury, learned senior counsel assisted by Mr. J. Islam, learned counsel appe aring for the Respondent No.5. I have also heard Mr. A. Barkataki, learned Stand ing Counsel, Education Department. The petitioner, claiming itself to be the elected Managing Committee of Chalakur a Janapriya High Madrassa, has filed this writ petition challenging the legality or otherwise of the Annexure-’L’ order dated 20.10.2010 issued by the Inspector of Schools, Bongaigaon District Circle, by which an ad hoc Managing Committee o f the Madrassa has been constituted to the replacement of the elected Managing C ommittee. According to the petitioner, the Managing Committee of the Madrassa ha ving been elected in a public meeting, as per the requirement of the Rules, the Inspector of Schools has no authority to replace the same by appointing ad hoc c ommittee. When the matter was taken up on 8.11.2010, the learned counsel appearing for the Respondent No.5 produced a copy of the order dated 20.10.2010 passed by the Inspector of Schools, BDC, by which the elected M anaging Committee of the Madrassa has been dissolved. The said order is not und er challenge in this writ petition. However, Mr. D.A. Kaiyum, learned counsel fo r the petitioner submits that copy of the said order was never served on the pet itioner and what was served is the impugned Annexure-L’ order dated 20.10.2010. On perusal of the order dated 20.10.2010, dissolving the earlier Managing Commit tee, it appears that such a course of action was adopted after considering the r elevant aspects of the matter relating to holding of public meeting towards form ation of Managing Committee of the Madrassa. According to the findings recorded in the said order, the Superintendent of the Madrassa has suppressed the materi al facts and also forged and fabricated the records pertaining to particular res olutions adopted. As per the impugned Annexure-’L’ order, the Superintendent of the Madrassa is no w required to convene a general meeting for electing a new Managing Committee at the earliest possible time. While Mr. D.A. Kaiyum, learned counsel for the peti tioner while submitting that the authority will take such a course of action as expeditiously as possible, however, submits that as per the provisions of the As sam Aided Higher Secondary, High School and Middle English Schools Management Ru les,1976, the Inspector of Schools could not have constituted ad hoc Managing Co mmittee and that too, without the approval of the Director of Secondary Educatio n. As per Rule 6 of the said Rules, the Inspector of Schools may dissolve and re -constitute the Managing Committee at any time, if the circumstances so demand, subject to approval of the Director, save in cases, where such approval may be p resumed to have been obtained under any general or special order of the Director . From the above, it is seen that the Inspector of Schools is authorized to re-con stitute the Managing Committee, subject, however, to the condition that the circ umstances will have to demand for such an act and that, the approval of the Dir ector will have to be obtained. There is nothing to show that any such approval has been accorded by the Director under any general or special order. However, it is not a case of prior approval. Further, the copy of the impugned order date d 20.10.2010 having been endorsed to the Director of Secondary Education, Assam, it is now for the said authority to consider granting or refusing to acc ord approval to the said ad hoc Managing Committee. In either event, it will be required of the Superintendent of Madrassa to re-convene a general meeting towa rds electing a Managing Committee, which course of action may be adopted as expe ditiously as possible. If the Director of Secondary Education refuses to grant approval to the constit ution of the Managing Committee, necessary follow up action will follow. Let the Director consider the matter relating to approval under Rule 6 of the Ru les, as expeditiously as possible, but at any rate, not later than 20th November 2010. A copy of this order be furnished to Mr. A. Barkataki, learned Standing Counsel, Education Department. With the above directions, the writ petition is disposed of.