WP(C) 5855/2010 BEFORE HON’BLE MR. JUSTICE AMITAVA ROY Heard Mr HRA Choudhury, learned senior counsel for the petitioner and Ms B Gogoi Medhi, learned Standing Counsel, Education Department, Govt. of Assam. For the order proposed to be passed, it is not considered essential to i ssue formal notice. Briefly stated, the factual background which exists as a run-up to the i nstant petition is that the Managing Committee of the Murajhar Higher Secondary School (for short, hereinafter referred to as ’the School’) was constituted in a general meeting and the proceedings thereof were approved by the Inspector of S chools, Nagaon. In terms of the said approval the Managing Committee so constitu ted was to remain in office for a period of three years with effect from the dat e of its first sitting. Admittedly, the Managing Committee held its first meetin g on 18.3.2007 and adopted certain resolutions vis-à-vis the items of agenda bef ore it. It was thereafter that on 23.5.2007 the Inspector of Schools, Nagaon re- constituted the said Managing Committee in partial modification of his earlier o rder of approval dated 5.2.2007. This order inter alia mentioned that the other terms and conditions would remain same. The modification of the composition of the Managing Committee was challe nged before this Court in WP(C) No. 3009/2007 which was disposed of on 5.9.2007 remitting the matter to the Director of Secondary Education, Assam for necessary consideration, whereafter, the said authority by order dated 7.1.2008 sustained the decision vis-à-vis the re-constituted Managing Committee. The said order m entioned that the order dated 23.5.2007 above referred to would remain in force with retrospective effect. According to the petitioners, on the expiry of the te rm of the modified Managing Committee in March, 2010 another general meeting of guardians was convened on 29.6.2010 wherein they were elected as guardians’ repr esentatives. The Principal of the School accordingly forwarded the list of membe rs to the Inspector of Schools, Nagaon for necessary approval. The said authorit y, however, by the order impugned herein permitted the earlier Managing Committe e to continue being of the opinion that the term of three years is reckonable on and from the date of its first meeting i.e. 14.1.2008. The petitioners having u nsuccessfully pleaded before the Inspector of Schools, Nagaon as well as the Dir ector of Secondary Education, Assam by their representations dated 9.8.2010 and 13.9.2010 are before this Court seeking redress. Mr Choudhury has urged that as it is apparent from the order dated 7.1.2 008 of the Director of Secondary Education that the term of the Managing Committ ee was to be counted from the date of its first meeting held on 18.3.2007, the i mpugned order is per se illegal and is liable to be interfered with. According t o him, as even the order dated 23.7.2007 had clearly preserved the terms and con ditions referred to in the order dated 5.2.2007 setting up the first Committee, no other interpretation is permissible in law. The learned senior counsel has, t herefore, urged that the term of the modified Committee had admittedly lapsed in the month of March, 2010 and, therefore, it has no authority in law to continue thereafter. The learned Standing Counsel, Education Department has submitted that as admittedly the term of three years of the Managing Committee has to be counted from the date of its first meeting which was undisputedly held on 14.1.2008, the impugned order is valid and does not warrant any interference by this Court. Upon hearing the learned counsel for the parties and on a consideration of the pleaded stands, this Court is of the view that it would be appropriate wi thout offering any comment on the controversy raised that the same be allowed to be disposed of on merits by the Director of Secondary Education, Assam before w hom the representation dated 13.9.2010 is presently pending. Ordered accordingly . The aforementioned authority would decide the petitioners’ representatio n mentioned hereinabove within a period of three weeks from the date of receipt of a certified copy of this order. No costs.