LAXMIDHAR GIRLS HIGH SCHOOL Vs. STATE OF ORISSA

JUDGEMENT

(1.) SANJU Panda, J 1. Petitioner -institution in this writ petition challenges the inaction of the opposite parties to grant recognition from the academic session 2008 -09. It is also prayed to allow its students to appear at the High School Certificate Examination, 2012.

(2.) LAXMIDHAR Girl's High School, hereinafter to be referred to as "the School", in short, was established by the local people and the school authority applied for prior permission from the State Government under Section 5 of Orissa Education Act, 1969 (hereinafter in short referred as 'the Act'). Before granting the aforesaid permission the authorities have examined, that the institution has fulfilled all the statutory criteria, thereafter they have decided to accord permission vide office order No.28545 dated 28.7.2009 from the academic session 2008 -09. After obtaining the said permission, the school was established and the students were admitted in the school. The school is a Girls High School and it is fulfilling the educational need of the local area. The Managing Committee of the school submitted application for grant of recognition and receipt of such application for recognition, the prescribed authorities directed the Inspector of Schools for submission of certain documents for consideration by the high power committee. Accordingly, the Inspector of Schools vide his letter dated 15.2.2010 submitted all necessary documents and also recommended for recognition to the - School and the said letter of the Inspector of Schools reveals that the school is a Girl's high school located in the Gram Panchayat, the teaching staffs have the requisites qualification and the details of land position with copy of the sale deed, photograph of the construction of school building and copy of fixed deposit in the name of the school. However, till date, the school has not received necessary recognition and the students who have taken admission are eligible to appear H.S.C. Examination, 2012. Therefore, the petitioner -institution has filed the present writ petition with the above prayer.

(3.) A counter affidavit filed by the opposite party No.5 with a stand that the school in question is only a permitted school and not yet recognised by the Government or by the Board, as such the student of the institution are not coming under any of the category, viz., Regular Candidates, Ex -Regular Candidates, Quasi -Regular Candidate or External Candidates. Therefore, the students, who have appeared in the Annual Examination, 2012 by virtue of an interim order, their results shall not be declared and so far the other prayer of the petitioners are, concerned, they have nothing to say. The opposite party Nos. 1 to 4 have not filed their counter. However, learned Standing Counsel for the School and Mass Education Department submitted that temporary recognition has already been accorded to the petitioner's institute during the session 2012 -13, but no recognition has been granted for the session 2011 -12.