NITYANANDA DEY Vs. STATE OF ODISHA

JUDGEMENT

(1.) The writ petitioner in W.P.(C) No. 1211 of 2012 being the appellant filed this application challenging the order dated 27.07.2012 passed by the learned Single Judge dismissing the writ petition and upholding the instructions issued by the Board of Secondary Education, Odisha to the Head of Institutions of the Madhyama Examination, 2012.

(2.) The predent facts, in nut-shell, are that Board of Secondary Education Odisha, Cuttack declared the Madhyama Examination as equivalent to High School Certificate Examination conducted by the Board of Secondary Education, Odisha from the academic session 1983-84 onwards by notification dated 05.07.1984. The Govt. of Odisha in Education Department, vide notification dated 31.01.1992, declared equivalence of various categories of Sanskrit Institutions imparting education in Prathama, Madhyama, Upa-Sastri and Sastri. Accordingly, the institutions imparting education upto Madhyama level were declared equivalent with Secondary Schools (High Schools).

(3.) Sri Jagannath Sanskrit Viswa Vidyalaya, Puri was conducting the examination for Madhyama courses offered by different Sanskrit institutions in the State till the academic session 2000-01. On the basis of decision taken by the Board of Secondary Education Odisha in exercise of power under Section 33 of the Secondary Education Act, 1983, it was directed to conduct the Prathama and Madhyama examinations from the academic session 2000-01 onwards pursuant to letter dated 13.02.2001. By virtue of the said letter, Board of Secondary Education Odisha has only been granted power to conduct examination of Madhyama courses whereas the administrative control and supervision of the Sanskrit institutions continues to be vested with government, more particularly with the Superintendent, Sanskrit Studies so also Director, Secondary Education, Odisha, Cuttack. In exercise of power under Section 21(h) of the Secondary Education Act, Board of Secondary Education Odisha framed regulations for conduct of Prathama and Madhyama Examinations imparted by different Sanskrit Institutions of the State w.e.f. 2003 which were duly approved by Govt. of Odisha on 30.01.2002 as per the provision contained in Section 21 (iii) which are called "Regulations of Prathama and Madhyama Examinations 2003 and onwards" (hereinafter referred to as "The 2003 Regulations").