CHAKRADHAR JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The controversy raised in this proceeding is .whether an Inspector of Schools having once approved the managing committee of an aided high school under the provisions of Orissa Education (Establishment, Recognition and Management of Private High Schools) Rules, 1991, could modify the same subsequently and substitute a nominated member thereof.'

(2.) BALADI Nuagaon High School is an aided high school. After Coming into force of the aforesaid Rules on 18 -12 -1991, the question of reconstitution of the managing committee of the said school arose and by order dated 29 -8 -1992 (Annexure -5) the Inspector of Schools constituted the managing committee with the Tahasildar Khandapara as the President Headmaster of the school in ex otficio capacity as the Secretary, and 9 other members which indicated two' seniormost trained graduate teachers of the school, the District Inspector of Schools (in ex officio capacity), one nominee of the local (MLA another nominee of the Chairman, Notified Area Council and four others nominatad by the President of the said committee. In this approval order the petitioner figured as the nominee of the local MLA. Subsequently by order dated 6 -11 -1992 (Annexure -1), the Inspector of Schools directed partial modification of his earlier order and approved another list of 11 members. In the fresh list, the name of the petitioner has been substituted by one Raj Kishore Dalai as the nominee of the local MLA.

(3.) THE learned Additional Government Advocate on the other hand, submitted that a nominated member cannot have the right to continue for the full tenure and the authority empowered to nominate is entitled to change the nominee at any time during the tenure. As to the facts of the case it is stated by the Inspector of Schools in her counter that she constituted the managing committee as per order dated 29 -8 - 1992 on the basis of the proposal received from the Tahasildar and when subsequently the latter submitted another panel of names modifying his earlier proposal for smooth management of the school, the same has been approved by her in Annexure -1 and it is perfectly valid in law. Later the Inspector of Schools has however filed an additional affidavit indicating therein that subsequently the Tahasildar, Khandapara, changed the names of his nominees and the local MLA also changed his nominee and the modified list was sent by the Tahasildar to the Inspector of Schools, Herein a clear stand has been taken that since the nominee enjoys the office till pleasure of the nominator as per Clause (iii) of Section 28 (1) the nominator has authority to change his nominee without assigning any reason and consequently it cannot be said that rule of natural justice have been violated.