RUDRA PRASAD SARANGI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner, who is the Director of Vedic Educational Trust, Sakhipada in the district of Sambalpur, has filed this writ petition seeking to quash Annexure-6 dtd. 28/5/2008 passed by the Deputy Director, in the office of the Regional Director of Education, Sambalpur in Annexure-6 keeping in abeyance the decisions taken in the High Power Committee meeting held on 18/4/2008 regarding grant of permission and recognition to self-financing courses run by different institutions, including the petitioner-institution, until further orders, as desired by the Minister, Higher Education of Orissa, and further directing that a committee under the Chairmanship of the Director, Higher Education, Orissa shall further inspect the proposals within a period of four months.

(2.) The factual matrix of the case, in hand, is that "Vedic Educational Trust" is a registered body established, for the purpose of providing proper education, along with Yoga and Meditation, Spoken English and Personality Development, Vedic Mathematics, Computer Training, teaching regarding Veda and General Knowledge, Group Discussion, Physical Education Training, Martial Art, Excursion and Study Tour, Medical Services etc., besides extending elaborate library facility as well as sports and extra curricular activities within the local students. To provide such facilities, which are ordinarily not available in the general higher secondary educational institutions, the "Vedic Educational Trust" established a Vedic College of +2 Science, a residential institution so as to preach the moral teaching and to make out good, responsible and respective citizens of the future from amongst such students. It provides curriculum, which is prescribed by the Council of Higher Secondary Education, Orissa, along with other moral and spiritual teaching, as mentioned above. Accordingly, steps were taken for grant of permission and recognition in favour of the institution. The petitioner furnished necessary information, affidavits and chalan deposits etc., as required for grant of permission under Sec. 5 of the Orissa Education Act, which are mandatory for establishment of Educational Institutions in the State of Orissa.

(3.) Mr. D.N. Rath, learned counsel for the petitioner contended that in accordance with the statutory provisions if the petitioner-institution has been granted permission by the competent authority, namely, the High Power Committee and has complied with the requirements on being duly communicated, on the basis of an order the permission so granted should not have been kept in abeyance, that too as per desire of the Minister, Higher Education, Orissa, who has no role to play so far as grant of permission is concerned. It is thus contended that the impugned communication made on 28/5/2008 by the Deputy Director cannot sustain in the eye of law, in view of the fact that the Deputy Director is not the competent authority to issue such direction to the petitioner institution. More so, if the authority, which has passed such an order and made communication thereof, has no jurisdiction, the same is a nullity in the eye of law and thus cannot sustain. Thereby, the order impugned in Annexure-6 dtd. 28/5/2006 is liable to be quashed.