ANANTA KUMAR Vs. STATE

JUDGEMENT

(1.) Since the point at issue in these three writ applications is common, they are taken up together and are disposed of by this common judgment.

(2.) The dispute relates to powers of the State Government to nominate a President in place of an already nominated President before expiry of the term of office of a Governing Body constituted under the provisions of the Orissa Education Act, 1969 (hereinafter referred to as 'the Act') and the Orissa Education (Management of Private Colleges) Rules, 1979 (hereinafter referred to as 'the Rules'). Undisputed factual position is that in each of the cases the Sub-Collector, Balasore has been nominated as the President in place of persons nominated earlier. The three colleges in question are Dr. Harekrushna Mahatab College, Kupari (OJC No. 1945/90); Belabhumi Mahavidyalay, Avana (OJC No. 1946/90); and Gopalpur College, Gopalpur (OJC No. 2102/90). In OJC Nos. 1946 and 2102 of 1990, the substituted President amongst others has challenged fresh nomination, whereas in OJC No. 1945 of 1990 one of the members of the Governing Body has challenged the action. In all the cases the impugned order indicates that the State Government nominated the Sub-Collector, Balasore as the President of the Governing Body of the colleges in question for its next term. The President was requested to furnish a proposal for reconstitution of the Governing Body in accordance with the provision of Rule 3(3) of the Orissa Education (Management of Private Colleges) (Amendment) Rules, 1988 (hereinafter referred to as the 'amendment rules') for consideration and approval by the Director of Higher Education, Orissa. It is relevant to state here that the colleges in question are aided colleges within the meaning of the Act and the Rules.

(3.) Main plank of petitioners' argument is that once a President is nominated, a Governing Body is constituted as per his suggestion and approval, and the same continues in office for a term of five years in terms of Rule 3(3)(a) of the Rules. The legislative history of the said rule, and Rules 4 and 5 is necessary to be indicated.