Remanded

Chandaneswar High School, Garhkharad v. State of Odisha

Orissa HC1 May 2023WP(C)/3900/2023

Case brief

AI extract

What is this about?

In a writ petition, the High Court of Orissa set aside the respondent's rejection order refusing to take over the petitioner's school under a 1994 Government Resolution. The Court directed the respondent to reconsider the matter afresh, adhering to coordinate Bench judgments and relevant facts on file.

What did the court decide?

The impugned order dated 12.10.2022 was set aside. The matter was remanded to the Opposite Party No.1 to reconsider the application within two months.

Chandaneswar High School, Garhkharad Vs State of… — Education and Admissions | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.3900 of 2023

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Sri Chandaneswar High School, …. Petitioner Garhkharad.

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Mr. M.K. Pati, Advocate

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-versus-

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…. State of Odisha and others Opp. Parties Mr. Iswar Mohanty, ASC

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CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 01.05.2023
03. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned
counsel for the State-Opposite Parties.

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The present writ petition has been filed by the Petitioner with the following prayers:-

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“In the facts and circumstances of the case, the humble petitioner fervently prays this Hon’ble Court to be graciously pleased to issue notice to the Opposite Parties, call for relevant records and after hearing the counsel of the parties issue a writ in the nature of Mandamus, or any other appropriate writ quashing impugned order No.21298 SME dtd. 12.10.2022 under Annexure-1 and commanding to the

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// 2 //

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Commissioner-cum-Secretary, School and Mass Education Department, the Opposite Party No.1 to take over Sri Chandeswar High School, Garhkharad under District Education Officer, Puri in terms of Govt. Resolution dtd. 16.12.1994 and extend the consequential benefits to the employees of the school within a stipulated period.

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And pass such other order/orders as would be deemed fit and proper.”

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It is submitted by learned counsel for the Petitioner that due

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to a rift in the Managing Committee, the consent for taking over the school could not be submitted within the due date pursuant to

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Resolution of the Government dated 16.12.1994. However, subsequently, a decision has been taken unanimously and the same has been conveyed to the Government with a request to take over the school pursuant to Resolution dated 16.12.1994. He further submitted that due to inaction of the authorities, the Petitioner had earlier approached this Court by filing W.P.(C) No.24336 of 2014. The said writ petition has been disposed of vide order dated 27.08.2015 with a direction to the Opposite Party No.1 to consider

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the grievance of the Petitioner in the light of the order in

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Secretary-cum-Headmaster, Chandi High School, Balugaon and

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others v. State of Orissa and others (W.P.(C) No.14506 of 2009 disposed of on 05.04.2010). After disposal of the earlier writ petition, the Petitioner again approached the Opposite Party No.1,

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// 3 //

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however, the Opposite Party No.1 vide Order No.21298 dated 12.10.2022 disposed of the grievance of the Petitioner and, accordingly, the prayer made by the Petitioner to take over the school in question by the Government in terms of Government Resolution dated 16.10.1994 was rejected. Challenging the said rejection order dated 12.10.2022 under Annexure-1, the Petitioner has approached this Court by filing the present writ petition.

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Learned counsel for the State, on the other hand, referring to the impugned order dated 12.10.2022 under Annexure-1 submitted that the authorities while considering the case of the Petitioner have passed a reasoned and speaking order and, accordingly, they have come to a conclusion not to take over the school and, accordingly, the prayer of the Petitioner’s school was rejected by a reasoned order. He further submitted that in view of the law laid down by the Hon’ble Supreme Court in Dibakar Pradhan’s case, it

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is within the sole discretion of the State Government whether to take over a school or not and the State cannot be compelled to take over any school without taking into consideration the financial and

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other implications. Accordingly, learned counsel for the State made an attempt to justify the decision by the Opposite Party No.1

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// 4 //

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under Anexure-1.

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6. Heaving heard the learned counsels for the respective parties

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and upon a careful consideration of the background facts and the material placed before this Court, this Court is of the considered view that the Opposite Party No.1 while considering the grievance of the Petitioner to take over the school pursuant to Government Resolution dated 16.12.1994 should have considered the law laid

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down by this Court in Secretary-cum-Headmaster, Chandi High School, Balugaon’s case (supra). On a close scrutiny of the impugned order, it appears that the Opposite Party No.1 has not taken into consideration the aforesaid judgment of this Court while considering the application of the Petitioner for taking over their school pursuant to Government Resolution dated 16.12.1994. Further, on perusal of letter dated 16.11.1996 under Annexure-5, it appears that the Deputy Director of Secondary Education, Odisha, Bhubaneswar has written a letter to the Inspector of Schools, Puri Circle, Puri regarding taking over the management of the Petitioner’s school. In the said letter dated 16.11.1996, the Deputy Director of Secondary Education, Odisha, Bhubaneswar has recommended for taking over the management along with assets by the Government. Similarly, vide order dated 26.12.1996 under

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Annexure-6, the Deputy Director (N.G.S.) has also recommended for taking over the school in question. Further, on perusal of the information obtained under the Right to Information Act which was provided on 24.07.2007 and has been annexed to the writ petition as Annexure-11, it appears that the Finance Department has given concurrence in respect of 13 schools during 1999-2000 as per the proposal of S&M.E. Department. The details provided in the said information sheet reveals that the Chandi High School,

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Balugaon has been included in the non-plan category and so far present school is concerned, the same has been included under the State plan category.

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In view of the aforesaid discussion, this Court is of the considered view that the Opposite Party No.1 while passing the impugned order under Annexure-1 dated 12.10.2022 has not taken note of the judgment in Secretary-cum-Headmaster, Chandi High

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School, Balugaon (supra) as well as other relevant facts which has been appended in the writ petition. In such view of the matter, this

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Court deems it proper to set aside the order dated 12.10.2022

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passed by the Opposite Party No.1-Commissioner-cum-Secretary to Government of Odisha, School and Mass Education Department under Annexure-1. Accordingly, the same is hereby set aside.

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// 6 //

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Further, the matter is remanded to the Opposite Party No.1 to consider the matter afresh keeping in view the judgment of this Court and the direction given by a coordinate Bench of this Court in earlier writ petition referred to hereinabove. Let the Petitioner approaches the Opposite Party No.1 along with a certified copy of this order within a period of two weeks from today. In the event

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the Petitioner approaches the Opposite Party No.1 within the time stipulated, the Opposite Party No.1 shall do well to consider the

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case of the Petitioner in the light of the discussion made hereinabove and shall take a decision within a period of two months from the date of communication of this order. The decision

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so taken shall be communicated to the Petitioner within two weeks thereafter.

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With the aforesaid observations and directions, this writ petition stands disposed of.

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( A.K. Mohapatra)

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Judge

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DEBASIS AECH Digitally signed by DEBASIS AECH Date: 2023.05.02 20:26:56 +05'30'

Chandaneswar High School, Garhkharad v. State of Odisha

Case brief

What is this about?

What did the court decide?

Chandaneswar High School, Garhkharad v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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