Orissa High Court
Maa Ambika Sc/St Residential vs The Principal Secretary To .... ... on 12 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.31194 of 2020
Maa Ambika SC/ST Residential .... Petitioner
Siksha Sevashram
Mr.Karunakar Rath, Advocate
-versus-
The Principal Secretary to .... Opp.Parties
Government, School & Mass
Education and others
Mr.P.C.Das,A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 12.05.2023
14. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned
Additional Standing Counsel for the State. Perused the pleadings of
the parties as well as the materials on record.
3. The present Writ Petition has been filed with the following
prayer :
"Therefore, it is most humbly prayed that this Hon'ble
Court may be graciously pleased to admit this writ petition,
call for the records, issue rule Nisi calling upon the
Opp.Parties to show cause as to why the students of the
Petitioner's school shall not be treated as a regular candidate
for appearing in Annual HSC Examination 2020 to be held in
2021 and why the students studying in Class IX shall not be
enrolled by the Board of Secondary Education for appearing in
Annual Examination 2021 to be held in 2022. Failing to show
cause or showing insufficient cause/no cause, issue the writ of
Mandamus directing the Opp.Parties more particularly
Opp.Party No.5 i.e. Board of Secondary Education to allow the
Petitioner's School to appear in the Annual HSC Examination
2020 to be held in 2021 as a regular candidate and the
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direction may be given to the Opp.Parties more particularly
prescribed authority i.e. Opp.Party No.2 to consider the
Petitioner's School under Section 6(9) of O.E. Act, 1969 from
the date of completing 7 years of regular appearance in the
Annual Examination and further be pleased to issue the writ of
certiorari in quashing the letter No.48254 dated 12.12.2019 or
the same not be given effect to for the students who will
appear in the Annual HSC Examination 2020 to be held in
2021.
And pass such other writ/writs, order/orders,
direction/directions as may be deemed fit and proper."
3. At the outset, it is submitted by the learned counsel for the
Petitioner that an identical matter deciding an identical issue in G.B.,
Dhyan Chandra College, Hajipur -v.-State of Orissa dna others
in W,.P.(C) No.3512 of 2011 decided on 17.02.2012. A coordinate
Bench of this Court while quashing the impugned order directed the
prescribed authority to pass a final order granting permanent
recognition to the Petitioner's college from the Session 2000-2001.
The aforesaid order was passed while interpreting Section 6(9) of the
Orissa Education Act and while considering the grant of permanent
recognition to the Petitioner institution. Accordingly, Mr.Rath,
learned counsel for the Petitioner submitted that the matter be
remanded to the competent authority to consider the matter afresh
keeping in view the judgment of this Court in the above noted case.
4. Learned Additional Standing Counsel on the other hand
submitted that he has no objection in the event the matter is
remanded back to the competent authority to take a decision keeping
in view the judgment of this Court rendered in G.B.Dhyan Chandra
College, Hajipur-v.-State of Orissa and others (supra). However,
he further submitted that while considering the case of the Petitioner,
the competent authority shall also consider the applicability of the
judgment referred to above by the learned counsel for the Petitioner
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to the fact of the present case.
5. Considering the submissions made by the learned counsel
appearing for the respective parties and upon a careful examination
of the facts of the present case and without expressing any opinion on
the merits of the matter, this Court disposes of the Writ Petition at
this stage by directing the Opposite Party No.2 to consider the case of
the Petitioner for grant of permanent recognition afresh keeping in
view the judgment of this Court in G.B.Dhyan Chandra College,
Hajipur-v.-State of Orissa and others (supra). In such view of the
matter, the Petitioner is directed to approach the Opposite Party No.2
along with certified copy of this order and a copy of the order passed
in G.B.Dhyan Chandra College, Hajipur-v.-State of Orissa and
others decided on 17.02.2012 within three weeks from today. In
such event the opposite Party No.2 shall do well to consider the case
of the Petitioner keeping in view the aforesaid judgment and shall
decide the issue by passing a reasoned and speaking order. Further,
this Court observes that while considering the case of the Petitioner,
the Opposite Party No.2 shall also consider the applicability of the
judgment of this Court in G.B.Dhyan Chandra College, Hajipur-
v.-State of Orissa and others (supra) to the present case as has been
submitted by the learned Additional Standing Counsel
6. With the aforesaid observation, the Writ Petition stands
disposed of.
RKS ( A.K. Mohapatra, )
Signature Not Verified Judge
Digitally Signed
Signed by: RAMESH KUMAR SINGH
Designation: Ex-A.R.-cum-Sr. Secretary
Reason: Authentication
Location: High Court of Orissa
Date: 16-May-2023 11:03:23
