Disposed

Anchalik Adivasi Mahila Hihgher Secondary School, Mayurbhanj v. State of Odisha

Orissa HC11 Sept 2023WP(C)/28851/2023

Case brief

AI extract

What is this about?

In a writ petition, the school sought a direction to waive a fixed deposit condition for opening a new Higher Secondary School or to direct the Director to decide on a pending memorandum regarding the waiver. The High Court of Orissa disposed of the application at the admission stage, directing the Director to consider the forwarded memorandum and pass a reasoned order within four weeks.

What did the court decide?

Direction to Director, Higher Secondary Education, Odisha to consider the petitioner's forwarded memorandum and pass a speaking order within four weeks.

Anchalik Adivasi Mahila Hihgher Secondary School… — Education and Admissions | Orissa HC (2023)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

W.P.(C) No.28851 of 2023

¶3

Anchalik Adivasi Mahila Higher Secondary School, Mayurbhanj

¶4

…. Petitioner

¶5

Mr. N. Lenka, Advocate

¶6

-versus-

¶7

…. State of Odisha & others Opposite Parties Mr. A.P. Dash, A.S.C.

¶8

CORAM:

¶9

JUSTICE A.K. MOHAPATRA

ORDER

Order No.

11.09.2023

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

¶15

Heard learned counsel for the Petitioner as well as the learned Additional Standing Counsel for the State. Perused the Writ Petition as well as the documents annexed thereto.

¶16

The present Writ Petition has been filed with the following prayer :

¶17

“It is therefore prayed that this Hon’ble Court would graciously be pleased to admit the writ petition, issue Rule NISI in the nature of writ of mandamus or any other writ(s) as deem fit and proper calling upon the Opp. Parties to show cause as to why the first condition of pledging of Rs.10.00 lakhs in shape of fixed deposits by the Petitioner college in favour of Director, Higher Secondary Education, Odisha, Bhubaneswar for ten years as per letter of the Directorate No.4P-04-2018-IV 4859, dtd.31.05.2018 under Annexure-5 shall not be waved in pursuance to memorandum/resolution of the Managing Committee of the College dtd.02.10.2019

¶18

// 2 //

¶19

received by the Directorate on 16.12.2019 the office of the Collector & Magistrate, Mayurbhanj under Annexure-6.

¶20

And if the Opp. Parties fail to show cause or show insufficient cause, the said Rule be made absolute;

¶21

And/or pass any other writ/writs, order/orders the Hon’ble Court deed fit and proper in the facts & circumstances of the case;”

¶22

Learned counsel appearing for the Petitioner submitted that on an application filed by the Petitioner, the High Power Committee in its meeting held on 29.05.2018 granted approval for opening of new Higher Secondary School. Thereafter, the Joint Director, Higher Secondary Education, Odisha vide letter dated 31.05.2018 under Annexure-6 communicated the decision of the High Power Committee permitting the Petitioner to open the Higher Secondary School in the stream of Arts and Commerce from the session 2018-19 in selffinancing mode subject to fulfillment of certain conditions mentioned in the said letter.

¶23

Learned counsel for the Petitioner being aggrieved by the condition No.1 i.e. the deposit of sum of Rs.10,00,000/- in any Nationalized bank duly placed by the educational agency in favour of the prescribed authorities i.e. Director, Higher Secondary Education, Odisha, BBSR for a period of 10 years. The Petitioner approached the authorities to reconsider the decision by filing a memorandum before the Additional District Magistrate, Mayurbhanj. The Additional District Magistrate, Mayurbhanj vide his letter dated 28.11.2019 under Annexure-8 has forwarded the memorandum to the Director, Higher Secondary Education, Odisha for consideration. In the meantime, several years have passed further no decision has been taken on memorandum. Being aggrieved by such inaction the Petitioner has approached this Court by filing the present writ application seeking for

¶24

// 3 //

¶25

a direction to the Opposite Party No.2 to take a decision on the forwarding letter of the Additional District Magistrate, Mayurbhanj dated 28.11.2019.

¶26

Learned Additional Standing Counsel on the other hand submitted that on perusal of Annexure-8 it appears that the Additional District Magistrate, Mayurbhanj has forwarded the memorandum the Opposite Party No.2. However, there is no further instruction as to whether no decision has been taken on the memorandum of the Petitioner by the Director, Opposite Party No.2. However, learned Additional Standing Counsel submitted that he will have no objection in the event a direction is given to Opposite Party No.2 to consider and dispose of the memorandum of the Petitioner forwarded to the Office of the Opposite Party under Annexure-8 to the writ application, if the same is still pending, within a stipulated period of time and strictly in accordance with law.

¶27

Considering the submission made by learned counsels appearing for the respective parties and on a careful examination of the background facts, this Court deems it proper to dispose of the writ application at the stage of admission by directing the Petitioner to approach the Opposite Party No.2 along with a certified copy of this order within two weeks from today. In the event, the Petitioner approaches the office of Opposite Party No.2, the Opposite Party No.2 is further directed to consider the memorandum filed by the Petitioner which was duly forwarded by the Additional District Magistrate, Mayurbhanj under Annexure-8 to the writ application in accordance with law and shall dispose of the same by passing a speaking and reasoned order within a period of four weeks from the date of communication of the certified copy of this order by the Petitioner. The

¶28

// 4 //

¶29

decision so taken by the Opposite Party No.2 be communicated to the Petitioner within 10 days the date of taking such a decision.

¶30

With the aforesaid observations/ directions, the writ application stands disposed of.

¶31

Issue urgent certified copy of this order as per Rules.

¶32

( A.K. Mohapatra ) Judge

¶33

Anil

¶34

Signature Not Verified

¶35

Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 18-Sep-2023 17:47:43

Anchalik Adivasi Mahila Hihgher Secondary School, Mayurbhanj v. State of Odisha

Case brief

What is this about?

What did the court decide?

Anchalik Adivasi Mahila Hihgher Secondary School, Mayurbhanj v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Rajakishore Baliarsingh Vs State of Odisha

Pradyumna Kumar Sahoo Vs State of Odisha

Surya Jyoti Dash Vs State of Odisha

Pradeep Pradhan @ Babula Vs State of Odisha

Mantosh Sharma Vs State of Odisha

Rashmita Choudhury Vs Ramiya Ranjan Dash