IN RE: STATE Vs. STATE

JUDGEMENT

(1.) MISC . Case No. 270 of 2009.

(2.) WHILE WA. Nos. 146 and 147 of 2009 have been filed by the State of Orissa challenging respectively the Order Dated 24.09.2008 passed in WP.(C) No. 10372 of 2008 and the Orders Dated 16.04.2009 and 3.8.2009 passed in WP.(C) No. 5640 of 2009, the Secretary, Board of Secondary Education, Orissa has filed W.A. Nos. 141, 142 and 143 of 2009 challenging respectively the Orders Dated 16.04.2009,8.5.2009 and 17.7.2009 in WP.(C) No. 5640 of 2009. By Order Dated 24.09.2008, the Learned Single Judge while disposing of WP.(C) No. 10372 of 2008 filed by Respondent No. 1 in all the writ appeals directed the Opp. Parties therein to examine whether the institutions which were members of the Petitioner -association had the infrastructure facilities for imparting such course and as to whether, s a matter of fact, students completed their course in those schools. If on enquiry the findings were in the affirmative, the Government might consider allowing such students to appear in future examination in the C.T. Course 2009. It was further directed that while considering the matter the Government should also take into account as to whether any prior approval or affiliation was necessary of any University or Board for imparting such course. By Order Dated 16.04.2009 passed in Misc. Case No. 4448 of 2009 arising out of WP.(C) No. 5640 of 2009, the Learned Single Judge wile permitting the students of the Petitioner -institute to appear in the C.T. Examination, 2009 without prejudice to the rights of the parties directed the Secretary, Board of Secondary Education, Orissa to supply required number of forms to be filled up by the eligible candidates who have prosecuted their studies in the institutions of the Petitioner -association in the C.T. Course for the Sessions 1989 -1990, 1990 -1991 and 1991 -1992 and resubmit the same along with required fees but the result of such candidates was directed not to be declared without leave of the Court. Alleging that the aforesaid Order Dated 16.4.2009 had not been complied with, the Petitioner filed Misc. Case No. 5462 of 2009 and by Order Dated 8.5.2009, the Learned Single Judge directed that if required number of forms were not issued to the member institutions of the Petitioner -association by 15.5.2009 by the Board of Secondary Education, proceeding under the Contempt of Courts Act shall be initiated. However, the Secretary, Board of Secondary Education filed Misc. Case No. 7622 of 2009 in W.P(C) No. 5640 of 2009 praying for recalling/vacating the Order Dated 16.04.2009 and 8.5.2009, as stated earlier but by Order Dated 17.07.2009, the Learned Single Judge dismissed the said misc. case as no ground had been stated in the application.

(3.) IN the said order, the Learned Counsel appearing for the Board submitted that in view of the decision of the Apex Court that any private, non -recognized or un -permitted institution cannot be permitted to present their students to appear in such examination, that aspect should be dealt with during final disposal of the Writ Petition and/or at the time of passing orders on the question of declaration of their result.