NARENDRA KUMAR ROUT Vs. STATE OF ORISSA

JUDGEMENT

(1.) This application, which is stated to have been filed in public interest questions nomination of opposite party no. 4 as the President of Anchalika Mahavidyalaya, Natadihi (Opp. party no. 3). The point raised is that opposite party no. 4 is not an eminent educationist for the purpose of being nominated as President of Governing Body of an aided college. The question has arisen in the background of sub-rule (3) (or sub-rule (1)-Ed.) of Rule 25 of the Orissa Education (Establishment, Recognition, Management of Private Junior Colleges/Higher Secondary Schools) Rules, 1991 (hereinafter referred to as the 'new Rules'). Said Rules have come in place of Orissa Education (Management of Private Colleges Rules, 1979 (in short, the 'old Rules'). The institution to which the dispute relates is an aided educational institution in terms of Section 3 (b) of the Orissa Education Act, 1969 (in short, the 'Act').

(2.) The provisos to sub-rule (1) of Rule 25 of the new Rules with which we are concerned read as follows :

(3.) It is to be noted that while the proviso to Rule 23 (1) (i) deals nomination of 'eminent educationist' to be the President, so far as membership is concerned four persons of the locality 'interested in the field of education' are to be nominated as members. According to petitioner, opposite party no. 4 is involved in a case under the NDPS Act. Petitioner submitted that nomination of such person having criminal background shall be hardly in the interest of education. It is also submitted that opposite party no. 4 is not highly qualified and is merely Matric C.T.Opposite party no. 4 in his counter affidavit has stated that he is highly qualified, and he has been falsely implicated in the NDPS case. He has described his educational background and has stated that he was working as a Teacher from 1975 to 1980, was a Member of the Senate of Utkal University for a period of five years being nominated by Hon'ble Governor of Orissa. During continuance as Member of the Senate, he had participated in important decisions of Utkal University with regard to educational policies and University affairs. He was functioning as Secretary of the Teachers Federation of Keonjhar district. He was founder of a college at Hatadihi and continued as President of the Governing Body from 1986 to 1993. He has established number of Primary Schools, M. E. Schools, U. P. Schools, High Schools, and Colleges including one B.Ed. College and for upliftment and welfare of scheduled castes/scheduled tribes during the period from 1986 to 1989 he was Chairman of House Committee of Orissa Legislative Assembly. The only question is whether the nomination was legal.According to opp. party No. 4 he was Chairman of Harijan and Tribal Atrocities Enquiry Committee from 1985 to 1989. He was also a Member of Consultative Committee of Department of Forest and Environment from 1987-89, and was Minister of Mining, Geology, Science and Technology during 1989-1990. He is a graduate with certificate of training qualification and is not a matriculate with certificate of training qualification as alleged in the writ application. The vehicle which was allegedly involved in the offence was missing and due report was given at Capital P.S., Bhubaneswar. The Andhra Pradesh High Court by order dated 15-2-1993 in Criminal Misc. Petition No. 866 of 1993 arising out of Criminal Revision No. 177 of 1993 was pleased to grant stay of further proceedings of the trial Court. Criminal Revision No. 177 of 1993 was disposed of on 19-4-1996. The Andhra Pradesh High Court remanded the matter to the Special Court for fresh disposal in accordance with law. The vehicle in question was released in favour of opp. party No. 4 by Andhra Pradesh High Court in Criminal Misc. Petition No. 2440 of 1992.