PADMANAV DEHURY Vs. STATE OF ORISSA

JUDGEMENT

(1.) Nomination of Ramachandra Mohapatra as President of the Governing Body of Ramamani Mahavidyalaya, Kantabad in the district of Khurda is under challenge in this writ application. Said nomination was made by the Director of Higher Education, Orissa, Bhubaneswar under Rule 27 (wrongly stated to be Section 27 in Annexure - 1) of the Orissa Education (Establishment, Recognition Management of Private Junior Colleges/Higher Secondary Schools) Rules, 1991 (in short, the 'Rules'). The institution is an aided educational institution within the meaning of Section 3 (b) of the Orissa Education Act, 1969 (in short, the 'Act').

(2.) MAIN plank of challenge is that said Rama Chandra Mohapatra is not an eminent educationist which is a.sine qua non for such nomination. It is highlighted that originally by order dated 4.9.1997 (Annexure -1) the Sub -Collector, Khurda was nominated by the Government as the President of the Governing Body. Subsequently by order dated 21.11.1997 (Annexure -2), the impugned order nomination of Rama Chandra was approved by the Director. The Sub -Collector was approved as the Member of the Governing Body.

(3.) THE word 'education' is derived from the Latin word 'educa' which means bringing out latest faculties. The New Oxford Illustrated Dictionary, Vol. I gives it meaning as one who studies the science and methods of education. According to Oxford English Dictionary 'educationist' means one who makes a study of science or methods of education, an advocate of education. In Oxford English Dictionary Vol. Ill, meaning of 'educationist' is mentioned as specialist in theories and methods of education. In Chambers 20th Century Dictionary, meaning of the said expression is a person skilled in methods of education or teaching; one who promotes education. Both 'education' and 'educationist' are terms of noun. 'Education' means the act or process of imparting or acquiring general knowledge, developing the powers of reasoning and judgment, and generally of preparing oneself or others intellectually or mature life; the act or process of imparting or acquiring particular knowledge or skills. It is the result produced by instruction, training or study. Thus the word has very wide import. The expression 'person interested in the field of education' as appearing in the old Rules had been replaced by the expression 'eminent educationalist' in the new Rules, and again change has been brought in restoring the original position. In Rule 25 both 'eminent educationist' or 'interested in the field of education' find mention. So far as nomination of four members of the locality is concerned, it is to be made in respect of persons interested in the field of education. Obviously, therefore, the 'person interested in the field of education' is conceptually different from one who is an 'eminent educationist'. This distinction appears to have been kept in view by the rule making authority.