SUKANTA KU DWIBEDI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioners are teaching and non -teaching staff of Mayurbhanj Law College in the district of Mayurbhanj. They have approached the portals of this Court under Article 226 of the Constitution for issuance of mandamus to opposite party no.1 to transfer the funds to the new governing body and to declare the Mayurbhanj Law College as a Constituent College of North Orissa University.

(2.) SHORN of unnecessary details, the short facts of the case of the petitioners is that they had earlier approached this Court in W.P.(C) No.10552 of 2004 praying for a direction to hand over the Mayurbhanj Law College (hereinafter referred to as College ) to the North Orissa University as a constituent college along with its assets, funds and infrastructure etc. The said writ petition was disposed of on 15.1.2009 with an observation that the newly approved governing body may consider whether in the best interest of the institution, it would be proper to hand over the institution to North Orissa University for better management. It was further observed that if the governing body takes a decision in this regard, such decision may be intimated both the North Orissa University as well as the State Government and in such a situation, the State Government is to consider as to whether it would be appropriate to take over the management of the institution as a constituent college of the North Orissa University. The further case of the petitioners is that opposite party no.1 dissolved the governing body of the College, Baripada, Mayurbhanj on 14.7.2004, whereafter the Additional District Magistrate, Mayurbhanj became the President of the governing body of the College. Funds of the college kept in six bank accounts are not being utilized for the development of the college or for the welfare of the students. While the matter stood thus, opposite party no.1 in its letter dated 6.10.2010 requested opposite party no.2 to furnish view in the matter for taking further action at the end, vide Annexure -3. The governing body of the College had taken a decision on 12.7.2010 authorizing the Principal to communicate the matter to the Government regarding transfer of funds deposited in the name of the college. The Principal -cum -Secretary of the governing body of the college requested the opposite party no.1 in its letter dated 28.10.2010 for transfer of funds enclosing a copy of the resolution of the governing body meeting held on 12.7.2010. On 9.12.2010, the President of the governing body of the College requested opposite party no.1 to transfer the funds deposited in different banks in the name of the College to enable the present governing body to utilize the funds for the welfare of the students as well as development of the college. By letter dated 13.9.2011, office of opposite party no.2 requested the President of governing body to furnish a copy of the resolution held on 12.7.2010. Thereafter, the President of the governing body sent the same by registered post on 17.9.2011. Again the College requested opposite party no.2 on 19.6.2012 to transfer funds to governing body of the college. It is further submitted that the then Secretary of opposite party no.5 expressed his desire before the President of governing body on 12.6.2013 that he had no hesitation to transfer the funds pending in different accounts. The Principle of the college also informed opposite party no.1 on 27.8.2013 enclosing the letter dated 12.6.2013 to transfer the funds. The further case of the petitioners is that the College is one of the oldest law college in the State of Orissa. It was established in the year 1978. The governing body in its meeting dated 22.1.2010 unanimously decided to transfer the College to North Orissa University for better management and for the best interest of students.

(3.) HEARD learned counsel for the petitioners and learned Additional Government Advocate for the State.