NITYANANDA LENKA Vs. STATE OF ORISSA

JUDGEMENT

(1.) WHILE these two writ applications were being heard by a Division Bench, having regard to the conflict of the views expressed in some decisions of this Court, it was considered necessary to refer two questions to a larger Bench for opinion. The two questions formulated are as under:

(2.) THE controversy has come to the fore because of special provisions applicable to aided institutions under the Orissa Education Act, 1969 and the rules framed thereunder. Prior to the enactment of the Orissa Education Act, the provisions contained in the Orissa Education Code used to regulate management and affairs of the schools. Article 3 of the Code provided that recognized institutions under private management were classified as aided or unaided, according as they did or did not receive aid from public funds. 'An aided educational institution was defined under Section 3(b), as it then stood prior to its amendment by the Orissa Education (Amendment) Act, 1989, as follows:

(3.) THE provisions contained in the Orissa Education Code to the extent that they are not inconsistent with the provisions contained in the Orissa Education Act are deemed to be rules made under the Act by virtue of Section 27(4). Article 304 of the Education Code provides: