WP(C) 4158/2010 BEFORE THE HON’BLE MR. JUSTICE HRISHIKESH ROY The petitioner who was the president of the School Managing Committee of Pub Cha tla Mulaghata ME Madrassa of Barpeta district challenges the constitution of an Ad-hoc Managing Committee by the B.E.E.O. Chenga on 8.7.2010, with respondents 5 &6 as the President and Member Secretary. He contends that under the guideline s dated 17.6.2006 issued by the Government for constitution of School Managing C ommittee, no temporary or Ad-hoc Committees are envisaged and the impugned order of the B.E.E.O is contrary to the applicable norms. 2. It is argued by Mr. A.R. Sikdar, learned Counsel that the respon dent No.6 who is the Headmaster of the Maddrass has been absent from his duties since long and accordingly explanation were called from the absentee Headmaster by the B.E.E.O and notwithstanding such misconduct, the respondent No.6 has been made undeservedly the Member Secretary of the School Managing Committee which w ill adversely impact the functioning of the school. 3. While representing the respondents 5 & 6, it is contended by Mr. I.A. Talukdar, learned Counsel that since respondent No.6 is the Headmaster of the Madarassa, he has been rightly nominated as the Secretary of the School Mana ging Committee. The learned Counsel further submits that this is a stop gap arra ngement and steps may now be taken for constitution of a regular Committee, in a ccordance with the norms in force. 4. Mr. S.K. Das, learned Standing Counsel for the Education Departm ent appearing for the respondent Nos. 1 to 4 has referred to the counter affidav it filed by the Director of Elementary Education, Assam and submits that under t he guidelines, B.E.E.O is the competent authority to approve constitution of Sch ool Managing Committee. Mr. Das submits that as regards the complaint against th e constitution of the Ad-hoc Managing Committee, a public hearing was conducted in the office of the D.E.E.O, Barpeta and on the basis of the hearing afforded t o the concerned parties and the serious allegation made against the President of the School Managing Committee, instruction was issued to the B.E.E.O for consti tution of a new School Managing Committee, for the Madrassa in question. 5. Having considered the submissions made by the learned Counsels a ppearing for the parties and looking into the guidelines dated 17.6.2006 (Annexu re-4), it is apparent that the Managing Committee constituted on 8.7.2010 by the B.E.E.O, Chenga was not in accordance with the norms in force as Ad-hoc Committ ees are not envisaged under the guidelines. It also appears that the local publi c and the stake holders were not taken into confidence at the time of constituti on of the Ad-hoc Committee and accordingly a decision was already taken by the D .E.E.O, Barpeta to constitute a fresh School Managing Committee, in accordance w ith the norms in force. 6. In the above circumstances, I deem it appropriate to direct the official respondents and more particularly the B.E.E.O., Chenga (respondent No.4 ) to take necessary steps for constitution of a regular Managing Committee for t he Pub Chatla Mulaghata ME Madrassa in accordance with the norms stipulated thr ough the Circular dated 17.6.2006 (Annexure - 4), issued by the Commissioner and Secretary, Department of Education, Government of Assam. The B.E.E.O. must ensu re that School Managing Committee is constituted after holding a public meeting in accordance with the said Circular dated 17.6.2006 and this must be done withi n 6(six) weeks from the date of receipt of this order. 7. The case is disposed of with the above direction.