School Management Committee Is Statutory Body Under RTE Act; Recovery For Financial Irregularities Cannot Be Made From Single Teacher: HP HC

The Himachal Pradesh High Court emphasised that under Section 21 of the Right of Children to Free and Compulsory Education Act, 2009 the School Management Committee (SMC) is a statutory body tasked with monitoring government grant utilisation in aided schools. The Court held that recovery orders for financial irregularities cannot be imposed solely on an individual teacher who is an ex-officio SMC Secretary, without involving or implicating other SMC members or the collective body. The petitioner, a teacher and SMC Secretary, challenged an order directing repayment of funds used for construction. The Court held that placing the entire recovery burden on one teacher violated principles of natural justice and fairness, given that accountability lies with the statutory SMC as a whole. The judgment protects teachers from being singled out for administrative oversight errors of the SMC.