JITINDRANATH DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this writ petition, the petitioner as the Secretary of the Governing Body of Santilata Mahavidyalaya, Utikiri in the district of Balasore has challenged the Notification No. 20496 dated 1.7.2009 issued by the Commissioner-cum-Secretary to Government, Higher Education Department-opposite party No. 1 treating the petitioner's College as Sanitalata Degree Mahavidyalaya, Utikiri under Section 3 of the Orissa Education Act (hereinafter referred to as "the Act") though the said institution is recognized as Santilata Mahavidyalaya, Uitikiri from its inception.

(2.) With a view to uplift the educational standard of the area, the local people wanted to establish a College. Accordingly, the College was established in the name and style "Sanitilata Mahavidyalaya, Utikiri", in the year 1980 with Intermediate Arts Course. The institution obtained concurrence from the State Government from the academic session 1981-1982 as an Intermediate College and also obtained affiliation from Utkal University vide order dated 16.4.1983 from the Session 1982-1983. Subsequently, on introduction of 10+2+3 Courses, the institution also got affiliation from the Council of Higher Secondary Education Orissa 27th July, 1983. The Governing Body of the College was constituted and approved in accordance with the provision of the Management of Private College Rules, 1979. While the college was continuing as such, the Governing Body made an application to the State Government for grant of permission to open +3 Degree Courses in the said College. Accordingly, the authority accorded permission for opening of the Degree Courses (+3) on 25.6.1987. Utkal University extended affiliation to the said Courses on 15.2.1988 for the session 1987-1988. Accordingly, the College has been functioning with +2 and +3 Courses under one premise, one boundary and one administration with one set of teaching personnel. While the College was continuing as such, the Governing Body of the petitioner's College approached this Court in O.J.C. No. 347 of 1989 and O.J.C. No. 880 of 1991. Pursuant to the order passed by this Court, the State Government extended benefit of Grant-in-Aid in favour of the employees, who were continuing against 1st posts, against which posts concurrence and affiliation had been granted by the competent authorities so far as +2 Courses are concerned vide Letter dated 9.3.1991. The institution also obtained permanent recognition from the Regional Director of Education for Degree Classes in February, 2004 vie Notification dated 21.12.2004. From the only correspondence made by the competent authority to the College it reveals that the College was established in the name and style "Sanitilata Mahavidyalaya" at Utikir after establishment of Fakir Mohan University and the college has been functioning under the said University. The University allotted code number to the College as 120B. While the matter stood thus, the Orissa Education Act was amended providing Junior College i.e. a College imparting +2 Courses and a College imparting +3 Courses separately. The amendment was prospective in nature and under the amending provision of the Act, grant of permission was provided. Accordingly the institutions, which were seeking permission to establish +2 and +3 institutions after the amendment, were to apply separately. However, the institutions which were in existence prior to the amendment, such institutions are functioning as such. There is no provision for separating the existing college into two colleges i.e. for +2 Courses and +3 Courses. The Director, Higher Education in the case of Pradip Kumar Panda v. Sambalpur University and others in W.P.(C) No. 3930 of 2006 filed an affidavit on 11.4.2008 stating, inter alia, that out of 364 of such composite existing colleges imparting +2 as well as +3 courses under one banner in the State of Orissa, the name of the petitioner's college is found place at SI.6 thereof. While the matter stood thus, the State Government amended the Grant in-in-Aid order, 1994 and introduced Grant-in-Aid order 2004, 2008 and 2009 in order to bring the employees of the aided institutions, who are not paid their salary because of paucity of fund of the State Government and some other institutions which are eligible to be notified as aided educational institutions under the Block Grant fold. The petitioner's institution having composite status as stated above, is therefore, eligible to receive Grant-in-Aid for its teaching and non-teaching staff, who were appointed against 1st posts and who were appointed pursuant to the workload as prescribed by the State Government as well as the Council and the University. Accordingly, communication was made by the Director, Higher Education Orissa in its letter dated 27.12.2008 for verification of the teaching and non-teaching staff of the institutions. Pursuant to the said communication, the petitioner's College also submitted all the papers/particulars of teaching and non-teaching staff for necessary verification for the purpose of payment of their salary component. However, the authorities have not verified such documents. Therefore, the petitioner's institution approached this Court in W.P.(C) No. 5889 of 2009 seeking a direction to the opposite parties to cause verification of the documents. This Court while disposing of the aforesaid writ petition on 21.4.2009 directed the authority to cause verification of the records with a stipulation that if on such verification, the petitioner's institution is found to be eligible to Grant-in-Aid, necessary recommendations are to be made to the opposite party No. 1-State Government by the Director for release of Grant-in-Aid. Accordingly, the Regional Director of Education recommended the employees of the petitioner's institution for approval of the competent authority to release the Block Grant in terms paragraph-3 of the Grant-in-Aid Order, 2004 vide impugned notification and petitioner's institution name was indicated as Santilata Degree Mahavidyalaya in stead of Santilata Mahavidyalaya, hence the writ petition to extend such financial benefit in favour of the institution.

(3.) A counter affidavit has been filed by the opposite parties 1 and 2 taking a stand that two sets of rules have been framed for establishment, recognition and management of +2 private colleges and +3 private colleges in the year 1991 by repealing the earliest rules as per section 27 of the Orissa Education Act, 1969. The said rules are as follows :