ASHIS KANUNGO Vs. STATE OF ORISSA

JUDGEMENT

(1.) Who can be regarded as an 'eminent Educationist' for the purpose of being nominated as the President of the Governing Body of an aided college is the sole question that arises for consideration in this writ petition.

(2.) THE petitioners are the residents of Kakatpur and were members of the out -going Governing Body of the Mangala Mahavidyalaya, Kakatpur. They assail the validity of the nomination of Manmatha Kumar Swain (opp. party No. 3) made by the State Government in their letter dated 29 -12 -1995 (Annexure -1) to be the President of Mangala Mahavidyalaya, Kakatpur and the consequent reconstitution of the Governing Body made by the Director, Higher Education, Orissa, Bhubaneswar in his office order No. 9056 dated 23 -2 -1996 (Annexure -2).

(3.) LEARNED Additional Government Advocate produced before us the relevant Government file in which the matter relating to nomination of opp. party No. 3 as the President of the Governing Body of the college was dealt with. He submitted that on the basis of the recommendation made by the Minister, Higher Education to the effect that opp. party No. 3 is an 'eminent Educationist', the Government nominated him as the President. Opp. party No. 3 has filed counter affidavit wherein he has asserted that he is involved in the educational activities in the locality. He is the President of the Village Education Committee and has contributed for establishment and running of Mangala Mahavidyalaya, kakatpur, Netrananda Sahoo Women's College. Kakatpur, Ratanpur Science College, Ratanpur, Astaranga Girls' High School and Astaranga College at Astaranga and is a Block Congress Committee Vice -President. He was also the Youth Congress President of Kakatpur Block for a decade and the members of his family and his forefathers were freedom fighters and the family members now enjoy pension under the Central Government Freedom Fighters Pension Scheme. Regarding the special audit report, the opp. party No. 3 without disputing the finding recorded in it claims that an amount more than rupees four l3khs is due to him from the Civil Supplies Corporation.