SRIBATSHA KANUGO Vs. BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) IN this writ petition tile petitioners, being the Managing Committee of the Nigam high English School, a private educational institution, in village Ameipal its president, Secretary and one of the members, challenge the order dated August 9/10, 1967 of the Inspector Of Schools, Cuttack Circle, Cuttack, purporting to act under Article 41 of the Orissa Education Code by which he dissolved the existing managing Committee of the School and reconstituted a new Managing Committee on the grounds mentioned in the petition.

(2.) IT is said that there was no High English School in the locality of the petitioners till the year 1962. There was a general public demand for such a school and accordingly in pursuance of a unanimous resolution by the local public a Managing committee was formed with petitioner No. 1 as the President, petitioner No. 2 as the Secretary and other members including petitioner No. 3, to raise funds and to manage the proposed High English School in the village Ameipal They are stated to have donated land by a registered document on February 19, 1962. There were also other donations for the School, all by registered documents as stated in the petition. The Managing Committee is said to have held the lands donated as trustees for the benefit of the school for construction of the School building. It is said that through the efforts of the local public, the foundation-stone was laid for construction of the school building on the land. In 1963 the School was given recognition and was permitted by the Inspector of Schools to open Class VIII and thereafter in 1965 the Inspector of Schools again granted recognition and permitted the opening of Classes IX to XI. In due course, the students of the school were admitted for the High School Certificate Examination of the years 1965-66 and 1966-67 according to the provisions of the Orissa Secondary education Act. 1963. The School was also given annual grants.

(3.) AS it appears from the records there were some alleged disputes and differences between the villagers of Ameipal and those of Thikiri regarding the school as a result of which there was an enquiry by the Inspector of Schools. Ultimately, the Inspector of Scools by the impugned order dated August 9, 1967 dissolved the Managing Committee and constituted a new Managing Committee. The relevant portion of the impugned order of the Inspector of Schools is this: