Orissa High Court
Cuttack Christian vs State Of Odisha & Others .... Opposite ... on 4 February, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.3414 of 2025
Cuttack Christian .... Petitioner
Education Board, Cuttack Mr.S. Roy, Adv.
-versus-
State of Odisha & Others .... Opposite Parties
Mr. C.K. Pradhan, AGA
COROM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
04.02.2025
Order No
01. 1. This matter is taken up through Hybrid Mode.
2. Heard learned counsel appearing for the parties.
3. The present Writ Petition has been filed inter alia
challenging order dt.26.06.2024 so passed by Opp.
Party No.3 under Annexure-8.
4. It is the main contention of the learned counsel
for the Petitioner that the school in question being a
minority managed institution, Opp. Party No.3 has no
authority to allow any teacher to remain in-charge of
the Headmaster of the school in question.
4.1. It is further contended that the issue in question
with regard to the status of the Petitioner's institution
has been decided by this Court in its judgment
dt.19.12.2023 in Writ Appeal No.1220 of 2023 under
Annexure-6.
// 2 //
4.2. Placing reliance on the aforesaid judgment, learned
counsel for the Petitioner contended that the Petitioner's
institution being a minority managed one, no such order
could have been passed by Opp. Party No.3 under
Annexure-8.
4.3. It is also contended that such an order was never
communicated to the Petitioner at any point of time and
Petitioner when came across the same order in W.P.(C )
No.24678 of 2024, the present Writ Petition has been
filed challenging such order. It is accordingly contended
that the impugned order is not sustainable in the eye of
law.
5. Learned Addl. Govt. Advocate on the other hand
contended that if as contended, Opp. Party No.3 is not
competent to pass the order under Annexure-8, let the
petitioner bring the same to the notice of Opp. Party No.3
by filing an appropriate application in that regard and
Opp. Party No.3 be directed to take a decision on the
same.
6. Having heard learned counsel appearing for the
parties and considering the submissions made and the
dispute involved, this Court while disposing the Writ
Petition grants liberty to the Petitioner to make an
appropriate application before Opp. Party No.3 with
regard to competency of the said authority in issuing the
// 3 //
order dt.26.06.2024 under Annexure-8, by enclosing the
judgment passed in W.A. No.1220 of 2023.
6.1. It is observed that if such an application is moved
within a period of two (2) weeks hence, Opp. Party No.3
shall take a lawful decision on the same by giving
opportunity of hearing to the Petitioner-institution
within a period of four (4) weeks thereafter.
6.2. The order passed under Annexure-8 shall be subject
to final outcome of the order to be passed by Opp. Party
No.3 as directed.
The Writ Petition accordingly stands disposed of.
(Biraja Prasanna Satapathy)
Judge
sangita
Reason: authentication of order
Location: high court of orissa, cuttack
Date: 04-Feb-2025 16:10:47
