MANAGING COMMITTEE Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD Shri B. Mohanty -(1) for petitioners, the learned Addl. Government Advocate for opp. party Nos. 1 to 4, Shri N. K. Nayak for opp. party No. 5 and Shri M.R. Panda for opp. party No. 6.

(2.) THE managing committee of Mahardapalsa Panchayat High School and its Secretary have filed this writ application assailing the order of the Director, Secondary Education dated 30 -8 -1S93 (Annexure -4) granting permission in favour of opp. parties 5 and 6 for establishment of High Schools within the Mahardapalsa Grampanchayat of Joshipur Block in the district of Mayurbhanj.

(3.) NO counter affidavit has been filed on behalf of opp. parties 1 to 4. However, the learned Addl. Government Advocate, on instruction from the Director of Secondary Education, submits that all the applications i.e. of petitioners as also of opp. parties 6 and 6 were simultaneously considered as required under Rule 7 of the Rules and on consideration of the same the order as per Annexure -4 has been passed. He fairly states that no specific order of rejection of petitioners' application has been passed. According to him, grant of permission to opp. party Nos. 5 and 6 amounts to rejection of the petitioners' application and therefore satisfies the statutory requirement, The leared counsel appearing for opp. parties 5 and 6 have supported the order of the Director (Annexure -4) on merits.