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2025 DAILYLAW 1183 (MEG)

MANAGING COMMITTEE OF TILLAPARA GIRLS SSA L.P. SCHOOL v. STATE OF MEGHALAYA AND 7 ORS.

MC(WA)/41/2024 · 2025-04-03

B Bhattacharjee, H S Thangkhiew

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Judgment text

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Serial No. 02 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG MC (WA) No. 41 of 2024 Date of Decision: 03.04.2025 Managing Committee of Tillapara Girl’s S.S.A, L.P. School, Rajabala, West Garo Hills, Meghalaya Represented herein by its Chairperson, Shri Anowar Ali. … Applicant(s) Versus 1. State of Meghalaya represented by The Secretary to the Government of Meghalaya, Education Department, Meghalaya. 2. Director of School Education and Literacy, Meghalaya, Shillong. 3. The State Project Director, SSA Meghalaya, Shillong 4. The District Mission Coordinator, SSA West Garo Hills, Tura. 5. The Sub-Divisional School Education Officer/ Joint District Mission Coordinator, Dadenggre, West Garo Hills. 6. The Block Mission Coordinator SSA, Selsella, West Garo Hills. 7. Smti Oleda Sheikh, D/o Dilmohammad Sheikh, R/o Rajabala, P.S. Phulbari, District, West Garo Hills, Meghalaya 8. Smti Supiya Khatun, W/o Shi Moktal Hussain, R/o Sakmal, P.O. Rajabala, P.S. Phulbari, West Garo Hills, District … Respondent(s) 2024:MLHC:246 _________________________________________________________ Coram: Hon’ble Mr. Justice H. S. Thangkhiew, Judge Hon’ble Mr. Justice B. Bhattacharjee, Judge Appearance: For the Applicant(s) : Mr. S. Sen, Adv. with Mr. M.U. Ahmed, Adv. For the Respondent(s) : Mr. K.P. Bhattacharjee, GA with Ms. S. Shyam, GA (For R 1-6) Ms. P. Biswakarma, Adv. (For R 7) Ms. D. Kharnonglang, Adv. vice Mr. S.A. Sheikh, Adv. (For R 8) i) Whether approved for reporting in Yes/No Law journals etc: ii) Whether approved for publication Yes/No in press: Per. H.S. Thangkhiew, Judge: (ORAL) 1. Heard Mr. S. Sen, learned counsel for the applicant. 2. Also heard Mr. K.P. Bhattacharjee, learned GA for the respondents Nos. 1 to 6, Ms. P. Biswakarma, learned counsel for the respondent No. 7 and Ms. D. Kharnonglang, learned counsel vice Mr. S.A. Sheikh, learned counsel for the respondent No. 8. 3. This application has been filed seeking leave of the Court to prefer a writ appeal against the impugned Judgment and Order dated 31.07.2024, passed in WP(C) No. 390 of 2016. 2024:MLHC:246 4. Mr. S. Sen, learned counsel for the applicant submits that the applicant desires to prefer the appeal, inasmuch as, in the writ proceedings they were not impleaded as parties, and further in the impugned Judgment and Order, certain observations had been recorded, which were not in the pleadings and has affected the rights of the applicant. The learned counsel has drawn the attention of this Court to the impugned Judgment and Order, wherein these observations are contained at Para-38, of the judgment thereof. 5. The learned counsel for the respondents have no objection to the said prayer of the applicant for grant of leave to appeal. 6. On hearing the learned counsel for the parties, and perusing the impugned Judgment and Order sought to be appealed against, this Court allows the instant application, and the applicant is permitted to file the said appeal. 7. Misc. Case stands disposed of. (B. Bhattacharjee) (H.S. Thangkhiew) JUDGE JUDGE Meghalaya 03.04.2025 “V. Lyndem PS” 2024:MLHC:246 Digitally signed by VALENTINO LYNDEM Date: 2025.04.03 17:36:05 IST