Writ petition challenging school merger orders was dismissed as moot. The court noted that the merger question was already fairly tested and decided by a previous order dated 10.12.2001, rendering further adjudication unnecessary.
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W.P.(C) No. 5745 of 2003
05. 07.03.2019
None appears for the petitioner at the time of call.
Mr. P.K. Panda, learned Standing Counsel for School and Mass Education Department is present.
The petitioner has filed this application seeking to quash Annexure-2 dated 08.11.2001 with regard to rationalization of posts and opening of class-VI and VII in the high school having less than optimum student strength, Annexure- 5 dated 07.01.2002 with regard to merger of high schools having low roll strength of students with high schools situated nearby/adjacent to it and use of infrastructure and Annexure-7 dated 31.12.2002 with regard to rationalization of posts and merger of high schools having less than optimum roll strength passed by the authority and further seeks for a direction to the opposite parties to allow Kaptipada Girls High School to run in its present form without any merger with any other high school.
While entertaining this application, this Court has not passed any interim order to protect the interest of the petitioner. On perusal of records, it appears that the order of merger of schools with Kaptipada high school vide impugned order in Annexure-2 has already been tested by this court to be fair and not against the public interest vide order dated 10.12.2001 in OJC No.15976 of 2001 and while approving the action of the
government under Annexure-2 to this writ petition to be fair and reasonable, dismissed the said writ petition with a direction that the actual merger will became effective with effect from 01.01.2002. Therefore, once this question has already been answered, there is no need of any further clarification and further adjudication in the matter.
Accordingly, the writ petition merits no consideration and the same is accordingly dismissed.
…………….…………… (DR. B.R. SARANGI) JUDGE
Ashok
2 issues framed by the court
Whether the existing order on school merger permits further adjudication in the present writ petition.
Whether the impugned orders regarding rationalization of posts and merger of high schools require judicial intervention.
Petitioner
School and Mass Education Department
Dr. B.R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
