High Court of Meghalaya

Smti. Sengachi M. Sangma vs State Of Meghalaya on 2 May, 2024

Serial No.01
Supplementary 1 List

                     HIGH COURT OF MEGHALAYA
                            AT SHILLONG
 WA No.19/2024
                                               Date of Order: 02.05.2024
 Smti. Sengachi M. Sangma                                   ..... Applicant

                             Vs.
 1. State of Meghalaya, represented by the Commissioner and Secretary
    to the Government of Meghalaya, Education Department, Meghalaya.

 2. Director of School Education and Literacy cum State Project
    Director, SSA, Meghalaya, Shillong.
 3. The Project Director, SSA, SEMAM, Meghalaya, Shillong.
 4. The District School Education Officer, West Garo Hills, Tura.
 5. The District Mission Co-Ordinator, SSA, West Garo Hills District,
    Meghalaya.
 6. The Sub-Divisional School Education Officer cum Joint District
    Mission Co-ordinator, Dadenggre Civil Sub-Division, West Garo
    Hills, Meghalaya.
 7. The President, Managing Committee of Rongsai SSA UP School
    P.O. Dedaldoba, PS Tikrikilla, District West Garo Hills, Meghalaya.
 8. Shri Siljon A. Sangma, S/o (L) Rangmin Marak, R/o Ghaguapara,
    P.O. & P.S. Tikrikilla, West Garo Hills District, Meghalaya.
                                                         ..... Respondents
 Coram:
          Hon'ble Mr. Justice S. Vaidyanathan, Chief Justice
          Hon'ble Mr. Justice B. Bhattacharjee, Judge
 Appearance:
 For the Appellant                 : Mr. S. Chanda, Adv
 For the Respondent                : Mrs. T. Yangi B., AAG with
                                     Mr. E.R. Chyne, GA




                                                                  Page 1 of 2
                                JUDGMENT

Aggrieved by the order of the learned Single Judge dated

20.06.2022, the present appellant has preferred the appeal.

2. The 7th respondent in the writ petition is aggrieved by the order

and the appeal has been preferred in the personal capacity as an Ex

officio Member and Convener of the school. Though it has been stated

by the appellant that the present appellant is empowered to file the

appeal in the capacity of Ex officio Member and Convener, we are not

inclined to accept the same. When the post of Secretary-cum-

Headmaster exists, the school having been represented by the Secretary-

cum-Headmaster, the appeal has got to be filed only by the said person.

In case no such post exists or abolished and that Ex officio Member and

Convener is empowered to file an appeal, the appellant should have filed

an application seeking amendment of Cause Title and permission of this

Court to prefer an appeal. As the appellant has approached this Court in

individual capacity and that the 7th respondent in the writ petition is not

before this Court by way of an appeal, we are not inclined to accept the

contention of the appellant and the appeal is dismissed on the ground

that the appellant has no legal capacity to file the appeal.

     (B. Bhattacharjee)                                 (S. Vaidyanathan)
           Judge                                            Chief Justice


Meghalaya
02.05.2024
"Lam DR-PS"