NITYANANDA DEY Vs. STATE OF ORISSA

JUDGEMENT

(1.) Since common questions of law and fact are involved in these writ petitions, they were heard together and are being disposed of by this common judgment.

(2.) Petitioners, who are at present working as Headpandits of Debendranath Sanskrit Vidyalaya, Itapatna, Balasore, Kashiswar Sanskrit Vidyapitha, Tulamantula, Bhadrak, Babaji Charan Sanskrit Vidyalaya, Niloka, Bhadrak, Bishnu Mohan Sanskrit Vidyalaya, Katina, Bhadrak and General Secretary Nikhilotkal Sanskruta Mahamandal, Puri respectively have filed these writ applications challenging the instructions issued by the Board of Secondary Education, Odisha to the Head of the Institutions for the High School Certificate and Madhyama Examinations, 2012 particularly regarding submission of cancelled transfer certificate of each of the students along with their respective application forms at the time of filling of forms to appear the Annual Madhyama Examination, 2012.

(3.) As legal issues involved in these writ petitions are similar, this Court is taking up W.P.(C) No.1211 of 2012 as a leading case. Debendranath Sanskrit Vidyalaya at Itapatna in the district of Balasore was established after obtaining permission from the Government in the year 2006-2007. Temporary recognition was also accorded to the institution from the year 2007-2008 by the statutory authority. The said authority after granting temporary recognition consecutively for four academic sessions has also granted permanent recognition to the institution as Sanskrit institution for imparting education of the students of the institution both in Prathama and Madhyama streams. Earlier, Madhyama course and its examination was being conducted by Sri Jagannath Vishwa Vidyalaya, Puri. However, from 2001 onwards, the Board of Secondary education, Orissa conducted the examinations of Prathama and Madhyama Courses. Sanskrit institutions imparting education up to Madhyama were declared equivalent to that of Secondary Schools (High Schools) and the examination and qualification is equivalent to High School Certificate Examination which is not disputed. The Board of Secondary Education, Orissa framed regulations for conducting the examination of Prathama and Madhyama by different Sanskrit institutions of the State from the academic session 2003 onwards and the said regulation was duly approved by the Government of Orissa from 30th January, 2002.