RAJENDRA PRASAD MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) PETITIONER calls in question legality of office Order dated 14 -12 -1992 passed by the Inspector of Schools, Balangir Education Circle (opp. party No. 2) vide Annexure -6 to the Writ application relating to reconstitution of managing committee of Khari High School in the district of Balangir. Petitioner's case is that the said action is clearly contrary to the provisions relating to re -constitution as provi - ded in the Orissa Education (Establishment, Recognition and Management of Private High Schools) Rules, 1991 (in short, the 'Rules')

(2.) BACKGROUND facts as portrayed by petitioner are as follows : Tahasildar, Sonepur was nominated by the Sub -Collector of the concerned subdivision to be the president of the institution in his ex officio capacity. Tahasildar nominated four persons, including the petitioner, to be members of the managing committee. A letter was sent by the Tahasildar in this regard on 30 -4 -1992 to the Headmaster of the institution, who is the ex officio Secretary of the managing committee. On receipt of the letter from the Tahasildar, and after being intimated about nominations by the local M.L.A. and the Sub -Collector, Sonepur, the Headmaster submitted a list of name9 for approval by the Inspector of Schools, Balangir Education Circle. The list included all the four names nominated by the Tahasildar including that of the petitioner. It was indicated that the Grama Panchayat Officer, Sonepur (in short, 'GPO') was nominated by the Sub -Collector, Sonepur as the Panchayat Samiti was under supersession and consequently under the Chairmanship of Sub -Collector, Sonepur. The Headmaster's tetter was received by the Inspector on 3 -7 -1992. Subsequently Tahasildar required certain particulars from the Headmaster in respect of four persons, whom local M.L.A. desired to be included in the list The Inspector included the names of Narasingh Misra, Baishnab Dip and Smt. Pankajini Nag. There is some amount of dispute as to whether the local M L.A. wanted inclusion of one Jogeswar Misra, or Ganeswar Misra as indicated by the Tahasildar in the letter dated 4 -9 -1992. The Headmaster on receipt of the letter of the Tahasildar, intirnated that in terms of Rule 28 (4) of the Rules after lapse of one month from the date of submission of proposal, the Committee automatically got approved and there was no need for any change. Nevertheless the inspector of Schools included the names as suggested by the local M.L.A. Petitioner with reference to letter of the M.L.A. dated 25 -8 -1992 states that the change was effected on account of political presure and in any event such a change could not have been made after exoiry of one month from the date of receipt of proposal by the Inspector of Schools from the Secretary of the institution.

(3.) THE proviso to Sub -rule (4) of Rule 23 which is relevant for adjudication of the dispute reads as follows ;