WP(C)/14955/2013
2021 Latest Caselaw 4709 Ori

                                W.P.(C) No. 14955 of 2013




03.   07.04.2021           The matter is taken up by video conferencing mode.
                           Heard learned counsel for the petitioner and Mr. S.
                   Jena,   learned     Standing   Counsel   for   School   and        Mass
                   Education Department.
                           The petitioner has filed this writ petition seeking
                   direction to the opposite parties to take over the petitioner's
                   institution from the date of submission of proposal and
                   willingness and further seeks direction to the opposite parties
                   to grant all the facilities to the institution as provided under
                   RTE Act, 2009.
                           Mr. S. Jena, learned Standing Counsel for School and
                   Mass    Education    Department     contended    that   it    is    the
                   discretion of the Government to take steps regarding taking
                   over the management in favour of the petitioner's institution
                   on the basis of financial position and resources to bear the
                   burden. It is contended that though the Government required
                   an   undertaking     from   the   Managing     Committee     of     the
                   institution to the effect that in the event of any claim against
                   the State Government, but the managing committee has not
                   submitted the undertaking in due time when they are
                   received the G.I.A. It is further contended that the matter
                   relating to taking over the institution by the Government is
                   completely within the discretion of the Government, which
                   cannot be enforced by filing the writ petition. It is further
                   contended that this question remains no more res integra in
                   view of the judgment of the apex Court in Director,
                   Elementary Education v. Dibakar Pradhan (SLP Civil
         Appeal No. 2104 of 2004 disposed of on 16.02.2010).
                Considering the contention raised by learned counsel
        for the parties and after going through the records, since the
        issue has already been decided by the apex Court in Dibakar
        Pradhan mentioned supra, this writ petition stands disposed
        of in terms of the said judgment.
                As the restrictions due to the COVID-19 situation are
        continuing, learned counsel for the parties may utilize a soft
        copy of this order available in the High Court's website or
        print out thereof at par with certified copy in the manner
        prescribed, vide Court's Notice No.4587, dated 25th March,
        2020.


                                         ...............................

Ashok (DR. B.R. SARANGI) JUDGE