LAWS(ORI)-2007-7-22

AMBIKA GIRLS HIGH SCHOOL Vs. STATE OF ORISSA

Decided On July 18, 2007
AMBIKA GIRLS HIGH SCHOOL Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) HEARD.

(2.) ANNEXURES 10 and 11, the two orders leading to same consequence with respect to Ambika Girls High School at Kans under nilgiri Police Station is under challenge. It reveals from Annexures 10 and 11 that the state Government took a policy decision to merge educational institution having inadequate student strength with nodal educational institutions of the like nature, i. e. High schools and Colleges respectively. Consequent upon that decision as per order An-nexure-11, schools as per list were directed to be merged with different education circle, and in paragraph 19 Ambika Girls High school, Kans was directed for merger with ambika Girls High School, Durgapur. Both being aided educational institutions, Ambika girls High School, Durgapur was recorded as adjacent Nodal School.

(3.) SRI Sanjay Kumar Barik,a member of the then Managing Committee of the Ambika girls High School, Kans filed this writ application mentioning it to be on behalf of the managing Committee. In the counter, opposite party/state denied to the status of the petitioner to represent the institution for the purpose to sue or to be sued. In the rejoinder though the petitioner has stated that minus the President and the Secretary of the Managing Committee, the other members of the Managing Committee passed a resolution authorizing the petitioner to represent the Managing Committee and the institution, but no such document has been filed. Therefore, we find that the objection to the maintainability of the writ petition by the petitioner is well taken.