KRUSHNA PRASAD PANDA Vs. INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) THIS is an application filed by the petitioner for the issue of a writ of Mandamus quashing the order dated 6-6-1968 passed by the Inspector of Schools (Opposite party No. 1) reconstituting the Managing Committee of the Panchayat High School, betada in the district of Balasore. A Managing Committee with the petitioner as secretary had been formed sometime ago and was functioning smoothly. In january last, certain differences arose amongst the members of the committee inter se and between some of the members of the committee and public - outside. The students of the school also appear to have gone on strike. In these circumstances, the Inspector of Schools, Balasore in consultation with the District magistrate formed a new Managing Committee and on 6th January, 1968 issued the impugned memo (Annexure -- A) which is as follows:-

(2.) OPPOSITE party No. 3, who, it appears, had been elected as the Secretary of the newly constituted Managing Committee has in his counter stated that the old managing Committee of which the petitioner was the Secretary, had mismanaged the affairs of the school and a strike of the students followed. Six members of the managing Committee including the petitioner who was its Secretary resigned. The matter was brought to the notice of the Inspector of Schools, who enquired into the matter personally and after being satisfied that need existed for reconstitution of the Managing Committee requested the District Magistrate, Balasore for suggesting names of persons to be taken as members of the new committee. The district Magistrate thereafter supplied a list of such names and, on the basis thereof, the impugned order was passed by the Inspector, under Article 41 of the orissa Education Code, It is also pointed out that in the newly formed Managing committee consisting of nine persons, five were members of the outgoing committee and only four new persons had been taken. It is asserted that the order passed by the Inspector is legal and is also justified in the circumstances of the case.

(3.) IN a separate counter affidavit filed by the Inspector of Schools (Opposite Party no. 1) he averred that complaints having been received about the mismanagement of the school by the Managing Committee, his predecessor-inoffice made the necessary enquiry and on being satisfied that there was necessity for re-constitution of the Managing Committee under Article 41 of the Orissa education Code, he consulted the District Magistrate regarding the persons who were to be taken as members of the new Managing Committee and that on receipt of necessary reply from the District Magistrate, he (O. P. No. 1) reconstituted the managing Committee and directed the petitioner who was the Secretary of the outgoing Committee to hand over charge of the records to the new Secretary,