PRATAP CHANDRA JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioners have filed this Writ Petition by way of a public interest litigation with the following prayer: 'It is therefore prayed that your Lordships may be pleased to admit the Writ Petition, issue Rule Nisi calling upon the Opp. Parties to show cause and if the Opp. Parties fail to show cause or show insufficient cause, appropriate Writ/Direction/Order be made quashing Annexure -18 and direct for withdrawal of permission/ concurrence/affiliation granted in favour of Korua Womens' College, which is an institution by fraud in nature and same being the position, declare that the said college is nugatory; And pass any other Writ/Direction/Order as may be deemed fit and necessary.'

(2.) BRIEFLY stated fact of the petitioners' case is that due to growth of population and advancement in the area, local people of Patkura Legislative Assembly Constituency were in need of educational institution particularly for women and, as such, the villagers of Korua and neighboring villages opened a Womens' College in the year 1981 in the name and style of 'Chitrotpala Womens' College', of which one Bhagaban Nayak was the President and the present Opp. Party No. 6 was a member of the Governing body. The College was accommodated in the Girls' High School in Korua and got affiliation from the Utkal University for I.A. course for the session 1983 -84. It is alleged that Opp. Party No. 6 surreptitiously with the help of political power, changed the name of the College to 'Korua Womens' College' and described himself as the Secretary. The College having no proper infrastructure, the petitioner and some students protested against the non -availability of the facilities, but it yielded no result and Opp. Party No. 6 managed to run the institution till 1986 -87. The Government in Education and Youth Services Department, in letter dated 28.6.1988 directed the Secretary of the College to place records for inspection. In the year 1990, the authorities allegedly being gained over by Opp. Party No. 6, came to hold that the ad hoc Governing Body led by Opp. Party No. 6 should continue to exist despite the fact that Opp. Party No. 6 did not fulfill the basic requirements for establishment of a College. The Government directed for a fresh enquiry and in turn, the Director nominated the Principal, J.K.B.K. College, Cuttack for inspection of the area on 5.11.1992. The Tahasildar, Marshaghai through R.I. conducted the enquiry with regard to the land available with the College and furnished a report, copy of which is Annexure -9. On the basis of the report, a show cause was called for from Opp. Party No. 6 calling upon him as to why the concurrence granted to the College shall not be withdrawn. But, however, the Government gave permission to the institution for +2 course. It is alleged that apart from inadequacy of accommodation and infrastructure, the College also did not fulfil the conditions envisaged under the statute and failed to conduct the examination for different years properly, even then the recognition is still illegally continued. According to the petitioners, Opp. Party No. 6 is a litigant by nature and by enjoying political support managed to run such an institution and installed his son as Secretary of the Institution converting the same as his personal property.

(3.) OPP . Parties 1 and 2 in their counter affidavit have denied the allegation made and have taken a preliminary objection as to the locus standi of the petitioners to challenge the order of the Minister (Annexure -18) passed under Sub -section 8 of the Section 5 of the Orissa Education Act.' According to these Opp. Parties, the petitioners are not the persons aggrieved and as such no Writ Petition can be filed as against the appellate order of the minister. The Government in order dated 22.9.1984 (Annexure -1) have accorded provisional recognition to Korua Womens' College for the years 1984 -85 and 1985 -86 with certain terms and conditions. It is stated that the Governing Body under the Secretaryship of the Opp. Party No. 6, having provided the basic infrastructure, the concurrence granted to the said college was renewed from time to time and Utkal University accorded permission for opening of Intermediate Arts course in Korua Womens' College for the session 1983 -84. The Government renewed concurrence during the 1991 -92 allowing the students of the College to appear at the examination. These Opp. Parties in their counter affidavit have specifically referred to the orders passed in O.J.C. Nos. 636 of 1989, 763 of 1989, 8761 of 1993 and 2515 of 1996 concerning the Korua Womens' College.