SUBHADRA GIRLS HIGH SCHOOL Vs. STATE OF ORISSA

JUDGEMENT

(1.) Subhadra Girls' High School, Itipur in the district of Kendrapara was established by the educational agency pursuant to resolution of general body meeting held on 11.06.1989 in the premises of Itipur Grama Panchayat Samiti M.E. School. Bhabagrahi Das-opposite party no.6 was chosen as the secretary of the managing committee constituted in the said meeting, but he tendered his resignation on 31.05.1994, which was accepted in the general body meeting attended by him on 08.06.1994. In his place, Samiranjan Das, through whom this writ petition has been filed, was appointed as secretary of the managing committee pursuant to resolution of the general body dated 08.06.1994 in Annexure-2. During the course of discharging the duty and responsibility assigned to him, the petitioner-secretary took steps for obtaining permission for establishment of the school, which was allowed by the Minister of School and Mass Education, Orissa, Bhubaneswar in exercise of power under Sub-section (8) of Section 5 of the Orissa Education (Establishment, Recognition and Management of Private High Schools) Rules, 1991 (hereinafter referred to as "Rules, 1991") on 04.01.2000 in Appeal No.135 of 1998. Temporary recognition having been granted from time to time, students admitted school were appearing in High School Examination conducted by the Board of Secondary Education, Orissa, Cuttack.

(2.) The managing committee found that Pankaj Kumar Behura, Headmaster of Subhadra Girls' High School, Itipur was indulged in subversive activities and, accordingly, through a resolution dated 03.09.2011, relieved him from the charge of Headmaster and entrusted the said duty to another teacher, namely, Braja Kishore Nayak. Pankaj Kumar Behura, the then Headmaster of the school, removed some of the documents and, with the help of previous secretary-opposite party no.6, started to create disturbances in the institution and in the process called a general body meeting on 01.11.2011 with a few henchmen in the premises of Hanumanjew temple at Itipur for reconstitution of the managing committee. While convening such meeting, opposite party no.6 described himself as an ex-secretary of the managing committee of Subhadra Girls' High School, Itipur. Though such meeting was actually not held, opposite party no.6 submitted an application for approval of a fictitious managing committee through opposite party no.3-District Education Officer, Kendrapara. The petitioner-secretary, having come to know the said fact, filed a representation before opposite party no.2-Director, Secondary Education on 07.05.2012 that an attempt was being made by a fictitious body to obtain approval of the authorities as the managing committee of the school. Pending the application of opposite party no.6 seeking approval of the managing committee, opposite party no.2 vide letter dated 106.2012 called upon opposite party no.3 to personally enquire into the allegations made in the said representation and furnish the proposal indicating as to which managing committee is lawfully functioning.

(3.) When the matter stood thus, on 209.2011, the petitioner-secretary applied for registration of the managing committee under the Societies Registration Act, 1860 before opposite party no.4-Collector, Kendrapara, whereas opposite party no.6 by a latter application sought for registration of another body as the managing committee of the very same high school. Consequent upon the rival claim, the District Office called for reports from the District Education Officer (DEO) and the Block Development Officer (BDO), who accordingly submitted reports on 28.09.2012 by enclosing relevant documents. Opposite party no.5-B.D.O. Kendrapara, who had earlier submitted report on 08.11.2011 in favour of the actual managing committee, wrote a letter on 31.07.2012 to opposite party no.4 and requested for registration of managing committee formed on 01.11.2011, i.e., the fictitious body in which opposite party no.6 was the secretary. In furtherance of the said letter of the BDO, opposite party no.6 approached this Court by filing W.P.(C) No.21049 of 2012 and this Court vide order dated 12.12.2012 disposed of the said writ petition directing the Collector, Kendrapara to take a decision on the recommendation made by the BDO, Kendrapara within a period of three weeks from the date of receipt of the said order. Thereafter, the Collector, Kendrapara took a decision on the recommendation made by the BDO, Kendrapara and directed for registration of the fictitious managing committee without giving any importance to the reports dated 28.09.2012 and 08.11.2011 of the District Education Officer and BDO, Kendrapara respectively. Being aggrieved by the issuance of certificate of registration in favour of opposite party no.6, this application has been filed by the Managing Committee of which Samiranjan Das is the secretary.