MANGULI BEHERA Vs. STATE OF ODISHA AND ORS.

JUDGEMENT

(1.) The petitioner, who is the Ex -President of the Managing Committee of Bapujee Ashram Residential High School, Goradajhari, in the district of Khorda, has filed this petition seeking to quash the order dated 08.09.2014 under Annexure -4 passed by the Director, Secondary Education, Odisha, Bhubaneswar, approving the reconstitution of the Managing Committee as per the provisions contained under Rule 28(1) of the Orissa Education (Establishment, Recognition and Management of Private High Schools) Rules, 1991 (hereinafter referred to as "1991 Rules").

(2.) The factual matrix of the case, in hand, is that Bapujee Ashram Residential High School, Goradajhari was notified to receive grant -in -aid from the Government by virtue of the Notification No. 1933 dated 27.09.2008, thereby it is an aided educational institution within the meaning of Sec. 3(b) of the Orissa Education Act, 1969. The School in question was however managed by a Managing Committee as per the provisions contained under 1991 Rules. The last Managing Committee was reconstituted and approved by the Director, Secondary Education, Odisha, Bhubaneswar on 11.07.2002. Subsequently, the Managing Committee, headed by the petitioner, was also approved vide Office Order dated 19.01.2005. The term of the Managing Committee which has been approved on 11.07.2002, expired on 10.07.2005. When the School was notified to receive grant -in -aid in the year 2008, the Sub -Collector, Khorda nominated Sri Ghanashyam Sen as the President of the Managing Committee on 19.10.2009. Accordingly, the Managing Committee was reconstituted in terms of the Rule 28 of the 1991 Rules. Since no step was taken for approval of the reconstitution of the Managing Committee, the petitioner approached this Court by filing W.P.(C) No. 602 of 2010 and this Court disposed of the same on 18.03.2010 directing the Director, Secondary Education, Odisha, Bhubaneswar to take a decision strictly in accordance with law within a period of three weeks from the date of production of the certified copy of the said order. In compliance to the said order dated 18.03.2010, the Director Secondary Education, Odisha, Bhubaneswar did not take any steps to approve the reconstitution of the Managing Committee of the said School. In the meantime, the District Education Officer forwarded the proposal of the Headmaster -in -charge, Sri Sarat Kumar Mohapatra to the Director, Secondary Education, Odisha, Bhubaneswar for his approval. Instead of approving the reconstitution of the Governing Body basing upon the proposal submitted earlier the Director, Secondary Education, Odisha, Bhubaneswar approved the proposal submitted by Headmaster -in -charge on 08.09.2014 reconstituting the Managing Committee of the School for a period of three years. Hence this petition.

(3.) Mr. K.K. Swain, learned counsel for the petitioner though raised several questions in the writ petition, in course of his argument he confined his submission with regard to the approval of the reconstitution of the Managing Committee of the School in question pursuant to the order dated 08.09.2014, which has not been done in compliance to the Rule -28 of the 1991 Rules. It is urged that as required under Sub -rule (4) of Rule 28 of the 1991 Rules the Inspector shall take all necessary steps to reconstitute the Managing Committee in respect of aided High School, but in the present case, the District Education Officer has not applied his mind independently save and except he has recommended the names proposed by the Headmaster -in -charge of the School, Sri Sarat Kumar Mohapatra and acted as a post office between the Headmaster and the Director, consequentially, the order impugned has been passed. It is further urged that if the specific mode has been prescribed under the 1991 Rules, the same has to be adhered to strictly and non -compliance of the same, cannot sustain in the eye of law. Therefore, he seeks for interference of this Court. To substantiate his contention, he has relied upon the judgments of the Apex court in Union of India and another v/s. Purushottam, : (2015) 3 SCC 779; Juari Cement Limited v/s. Regional Director, Employees' State Insurance Corporation, Hyderabad and others, : (2015) 7 SCC 690 and D.N. Jeevaraj v/s. Chief Secretary, Govt. of Karnataka & Ors., : 2016 (I) OLR (SC) 179.