RADHANATH SANSKRIT TOL Vs. STATE OF ORISSA

JUDGEMENT

(1.) Radhanath Sanskrit Tol is a private educational institution established in village Anantapur within Balasore district in the year 1945. It was recognised by the Secretary of Orissa Association of Sanskrit learning and culture to impart instruction to students of the Tol in the courses for Prathama in first year, Second year and third year. From 1989-90, this course has become a two years course.Till 1981 the aforesaid association was prescribing syllabus and was conducting examination when Sri Jagannath Sanskrit University was established to affiliate educational institution to the privileges of the University in respect of courses of study prescribed by it for examination. In this condition. the educational institution was receiving aid from the State Government and two teachers (petitioners Nos. 2 and 3) were receiving their salary and other allowances directly from the State Government till the end of Aug., 1990 treating it to be an aided educational institution. Petitioner No. 3 was appointed on 11-11-1959 before the Orissa Education Act came into force and petitioner No. 2 was appointed on 28-5-1982 much after the Act and rules made thereunder came into force.

(2.) With reference to a letter dated 1-11- 1990 of Deputy Director,Sanskrit, Hindi and Special Education, State Government in its letter dated 12-11-1990 called upon the Deputy Director for furnishing informations in respect of six Madhyama Tols in Sanskrit studies including Radhanath Sanskrit Tol and pending decision relating to release of grant- in-aid to those institutions, such payments were directed to be stayed (Annexure 3). On 15-11-1990, a notice was sent to the Secretary of Managing Committee of the institution to show cause why grant-in-aid shall not be withdrawn on the allegation contained in the said notice (Annexure 4). In continuation of the said notice, another notice was sent on26-11-1990 (Annexure 4) to the same effect adding another ground.On 3-12-1990 cause was shown in respect of the notice dated 15- 11-1990(Annexure 6). On 17-12-1990, cause was shown in respect of notice dated 26-11- 1990 (Annexure 7). Considering the cause shown on 3-12-1990,State Government pursuant to notice dated 26-11-1990 decided to withdraw recognition and withhold payment of grant-in-aid from the financial year 1990-91 which was communicated to the Secretary of the Managing Committee on 8-2-1991 (Annexure 9). In the meantime on 1-1-1991 opposite party No. 3 had made an application for voluntary retirement on ground of ill health which though forwarded to the Superintendent of Sanskrit Studies has not been finalised.

(3.) Asserting the aforesaid facts, Secretary, Managing Committee and the two teachers have filed this writ application under Art. 226 of the Constitution of India to avoid the letter dated 12-11-1990 (Annexure 3) to withhold payment of grant-in-aid, notices dated 15-11- 1990(Annexure 4) and dated 26-11-1990 (Annexure 5) and the communication dated 8-2-1991 (Annexure 9) withdrawing recognition accorded and withholding the payment of grant-in-aid; and to give a direction for payment of salary and other allowances to the teachers (petitioners Nos. 2 and3).