Orissa High Court
Santilata Jena vs State Of Odisha And Others on 24 August, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No. 463 of 2013
Santilata Jena .... Appellant
Mr. Sameer Kumar Das, Advocate
-versus-
State of Odisha and Others ... Respondents
Mr. Ishwar Mohanty, Addl. Standing Counsel
Mr. D.N. Rath, Advocate
CORAM:
THE CHIEF JUSTICE
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 24.08.2022
12. 1. This writ appeal is directed against an order dated 18th October,
2012 passed by the learned Single Judge disposing of W.P.(C)
No.3378 of 2010 filed by the Respondent No.4 wherein a
notification dated 1st July, 2009 issued by the Commissioner-cum-
Secretary to Government, Higher Education Department treating
the Appellant College as "Santilata Degree Mahavidyalaya",
Uitikiri under Section 3 of the Orissa Education Act (OE Act) was
upheld and a direction was issued to the Secretary, Higher
Education Department to correct the said notification in respect of
the institution as "Santilata Mahavidyalaya, Uitikiri" in place of
"Santilata Degree Mahavidyalaya, Uitikiri" and to release block
grant to the staff whose services had been approved by the
Opposite Parties (State Authorities).
2. This Court has heard the submissions of learned counsel for the
parties.
3. A preliminary objection is raised by learned counsel appearing
for the Respondent No.4 that the present writ appeal filed by Smt.
Santilata Jena as "Secretary of the Governing Body of Santilata
Degree Mahavidyala" is not maintainable since at the relevant time
she was in fact not the Secretary of the said Governing Body.
4. In response to this submission, it is pointed out by Mr. Das,
learned counsel for the Appellant that the learned Single Judge
took note of the fact that the present Appellant had sought to
intervene in the pending writ petition by filing a Misc. Case
No.7369 of 2010 in an individual capacity. Para 5 of the impugned
order of the learned Single Judge notes this fact as under:
"5. One Shantilata Jena filed an application
numbered as Misc. Case No.7369 of 2010 with a
prayer to implead her as opposite party no.4 stating
therein that she has filed a Case bearing Grant-in-
Aid Case No.330 of 2009 before the State
Education Tribunal against the inaction of the State
functionaries for not verifying the records of the
staff members of the Degree College and the same
is subjudice. Therefore, the intervenor-opposite
party no.4 be heard in the writ petition.
Accordingly, the intervenor was also heard in the
matter."
5. In that view of the matter, the preliminary objection of the
Respondent No.4 to the maintainability of the present appeal is
hereby rejected.
6. It is not in dispute that the impugned order of the learned Single
Judge has been held to be per incuriam by the judgment dated 8th
April, 2016 by another learned Single Judge in W.P.(C) No.22530
of 2012 (Governing Body of Abhimanyu Samanta Singhara
College v. State of Odisha). The said order of the learned Single
Judge was approved by a Division Bench of this Court by the order
dated 6th March, 2017 in W.A. No. 225 of 2016 (Governing Body
of Abhimanyu Samanta Singhara College v. State of Odisha and
Others).
7. As far as the impugned judgment herein is concerned, with it
already having declared per incuriam and such declaration having
been affirmed by the Division Bench as pointed out hereinbefore,
this Court has no hesitation in setting aside the impugned order of
the learned Single Judge. Accordingly, the impugned judgment is
set aside.
8. The writ appeal is allowed in the above terms. An urgent
certified copy of this order be issued as per rules.
(Dr. S. Muralidhar)
Chief Justice
(Chittaranjan Dash)
Judge
S.K. Jena/Secy.
