School Managing Committee vs State Of Odisha And Others
2021 Latest Caselaw 11107 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      W.A. No.690 of 2021


              School Managing Committee,           ....             Appellant
              Dhusuria Girls High School,
              Bhadrak
                                               Mr. M. K. Mohanty, Advocate
                                          -versus-
              State of Odisha and others           ....         Respondents
                Mr. S. Parida, Sr. Standing Counsel for S & ME Department.

                       CORAM:
                       THE CHIEF JUSTICE
                       JUSTICE B. P. ROUTRAY
                                         ORDER

Order No. 29.10.2021

01. 1. The grievance of the present Appellant is that the merger that was ordered was on the basis that the Appellant's school would be the satellite school whereas the M. D. High School Dhusuri would be the lead school. However, according to the Appellant, it should be the converse.

2. It is pointed out by Mr. Mohanty, learned counsel for the Appellant, that although this was the nature of the grievance in the writ petition, the learned Single Judge has in the impugned common judgment dated 4th May, 2021 quashed the very merger itself.

2. The State has challenged the impugned judgment in W.A. No.417 of 2021 in which this Court has passed an interim order

on 20th July, 2021 staying the impugned judgment of the learned Single Judge.

3. The present appeal will therefore have to be heard along with the said appeal.

4. Issue notice.

5. Mr. Parida, learned Senior Standing Counsel accepts notice on behalf of the School & Mass Education Department-Respondents 1 to 5. Since he accepts notice, let required number of copies of the appeal memo be served on him within three days.

6. On the oral request of Mr. Mohanty, learned counsel for the Appellant, the M. D. High School, Dhusuri through its Managing Committee is impleaded as Respondent No.6. The address of Respondent No.6 will be provided by Mr. Mohanty to the Registry within one week. Thereafter, notice will be issued to the newly added Respondent No.6 by registered/speed post with A.D., making it returnable at an early date, requisites for which shall be filed within two days thereafter.

7. List along with W.A. No.417 of 2021.

( Dr. S. Muralidhar) Chief Justice

(B.P. Routray) Judge M. Panda