PRATAP CHANDRA TRIYA Vs. STATE

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution by the petitioner who claims to be continuing as the Member of the Managing Committee of an Aided Educational Institution governed under the Orissa Education Act, 1969 (hereinafter referred to as 'the Act') and the rules made thereunder.

(2.) Case of the petitioner is that Ghagarbeda High School is a Private Educational Institution receiving aid from the State Government. In the year, 1985, the Managing Committee was constituted with the petitioner as a member thereof. The petitioner resisting the unholy combination of the President and Secretary of the Managing Committee and the Headmaster of the School in respect of their illegal acts, gave his dissenting opinions in resolutions dated 14-7-1986 and 11-8-1986 along with two other members. Thereafter, a resolution was passed on 24-10-1986, removing the petitioner from membership in exercise of the powers under Article 286(5) of the Orissa Education Code (in short 'the Code') for having misconducted as provided in 287(3) of the Code. Since he did not receive any notice subsequent to the resolution dated 24-10-1986, this writ application has been filed assailing the resolution and for consequential direction.

(3.) At the stage of admission, notice was issued to the opposite parties on an interim direction for maintaining the status quo. A. counter-affidavit has been filed on behalf of the Managing Committee, asserting that the petitioner and the two other dissenting members were issued notice for the meetings dated 14-7-1986 and 11-8-1986 which they did not attend but after the resolutions were passed unanimously, the dissent was noted in the Resolution book on 20th August, 1986. They claimed that on account of misconduct in interpolating the Resolution Book of the Managing Committee, the removal of the petitioner under Article 286(5) of the Orissa Education Code is justified. No counter-affidavit has been filed on behalf of the State of Orissa or Inspector of Schools-in this case. After the counter-affidavit was filed, when the writ application was listed for admission, with the consent of both the parties, the same was finally heard.