MANAGING COMMITTEE OF EKALABYA MODEL RESIDENTIAL SCHOOL Vs. STATE OF ORISSA
LAWS(ORI)-2020-5-10
HIGH COURT OF ORISSA
Decided on May 12,2020

Managing Committee Of Ekalabya Model Residential School Appellant
VERSUS
STATE OF ORISSA Respondents

JUDGEMENT

P.Patnaik, J. - (1.) In the accompanied writ application, the petitioner has inter alia prayed for quashing of the order passed by the opposite party no.2 vide Annexure-13 and further prayer is to direct the opposite parties, more particularly, the opposite party no.2 to extend the financial benefits as per the scheme in favour of the petitioner's institution and to allow the fund to be released in favour of the petitioner's institution for construction of boundary wall and hostels as has been sanctioned and released by the Central Government as the petitioner's institution is existing for the last 12 years and further the petitioner has prayed for direction to the opposite parties not to allow any EMRS to be established under Bisoi Block and not to release any fund in favour of any such institution since the petitioner's institution is a permitted and recognized institution functioning under Bisoi Block for the last 12 years and since one such type of institution is to be established in one Block.
(2.) The factual matrix in a nut shell is that the Central Government decided to establish Ekalabya Model Residential School (in short, 'EMRS') for ST students in the light of Jawahar Nabodaya Vidyalaya, Kasturaba Gandhi Balika Vidyalaya and Kendriya Vidyalaya and accordingly they are to be set up in the States and Union Territories under the provisions of Article 275 (1) of the Constitution of India. The objective of Ekalabya Model Residential School is to provide quality education to the ST students in middle and high level in the remote areas in order to enable them to avail reservation in high and professional educational courses and jobs in Government, public sector and private sectors and also to have access to the best opportunities in education at par with the Non ST Population areas. As per the Scheme, EMRS are to be established in the Middle and Secondary Classes, i.e., Class-VI to Class-X and Higher Secondary Classes, i.e., for Class-IX and XII. The EMRS are to be affiliated either to the State or the Central Board of Secondary Education as desired fit by the State Government/Union Territory Administration.
(3.) In pursuance of the aforesaid scheme, the Managing Committee is to be constituted for each EMRS. As per the above scheme, the petitioner's Managing Committee set up one EMRS in the thickly populated ST area at Rengalbeda under Badamunda Gram Panchayat of Bisoi Block in the district of Mayurbhanj. The school was established in the year 2002 and as the permission by the competent educational authorities were not issued, the school was presenting the students to appear the High School Certificate Examination conducted by the Board of Secondary Education Orissa under the correspondence courses since 2002. In order to avoid such difficulties, the President Zilla Parishad in its letter dated 11.04.2008 requested the Director, Secondary Education, Orissa for according permission in favour of the petitioner's school as evident from Annexure-1 to the writ petition. Opp.party no.3 in its letter dated 28.07.2009 granted its permission in favour of the petitioner's institution from the academic session 2008-09 vide Annexure-2. The application of recognition filed by the petitioner's insitutiton was considered by the Director, Secondary Education Orissa and a query was made in its letter no.31578 dated 14.08.2009 addressed to the Inspector of Schools to submit a report for grant of recognition in faovur of the petitioner's institution and accordingly the Inspector of Schools in its letter dated 23.09.2009 recommended for grant of recognition from the session 2008 as evident from Annexure-3 and 4 respectively. Opp.party no.3 extended its temporary recognition in accordance with sub-section (9) of Section 6 of the Orissa Education Act,1969 in favour of the institution vide letter dated 2367 dated 13.01.2011 and the Board of Secondary Education Orissa extended its recognition vide letter no.1195 dated 03.08.2012 as per Annexure-5 and 6 respectively. The Director, Secondary Education Orissa extended its temporary recognition in accordance with sub-section (9) of Section 6 of the Orissa Education Act,1969 in favour of the institution vide letter no.2367 dated 13.01.2011. The Inspector of Schools in its letter dated 06.02.2013 has extended its recognition to the hostel attached to the school in which the name of the petitioner's school finds place at sl. No.17 as evident from Annexure-7 to the writ petition. It has also been averred that the State Government has allowed the land measuring an area of Ac.10.00 for construction of the residential school building on which the school building is functioning. While the school was so continuing steps are being taken by opposite party no.4 for extending financial help for construction of boundary wall of new Eklabya Model Residential School at Bhatachatra under Biosi Block of Mayurbhanj District ignoring the legitimate claim of the petitioner for which recommendations have been made by the Hon'ble Minister, Tribal Welfare as evident from Annexures-8 and 9 to the writ petition. Further it has also been averred that the petitioner's school has got permission, recognition and has been continuing and functioning from 2002. In the event the new school is permitted to be established, it will not only create unhealthy competition, but also would affect the existence and functioning of the petitioner's school. It is submitted that when the application and proposal of the petitioner's institution for extending all benefit as provided by the Central Government to the EMRS having been duly recommended by the competent authority is pending with authorities, not extending such benefit to the petitioner's institution and extending the same to a new school, which is yet to be established is arbitrary, whimsical and therefore, needs the interference of this Court. The petitioner's institution has also made a representation to the opposite party no.2 vide Annexure-11.Being aggrieved by the non response to the representation, the petitioner approached this Court in W.P.(C) No.11090 of 2013 and the said writ petition was disposed of on 31.01.2014 with direction to the opposite party no.2 to consider the representation of the petitioner dated 12.12.2013 within a period of four weeks and till a decision is taken on the representation of the petitioner, funds shall not be disbursed to any of the new institutions as evident from Annexure-12 to the writ petition. The petitioner filed a Misc. Case No.4011 of 2014 in the disposed of writ petition bearing W.P.(C) No.11090 of 2013 and the matter was listed for orders on 11.03.2014 and on the request made by the State opposite parties, the matter was directed to be placed on 26.3.2014 and while the above misc. case was pending, an office order was passed by the opposite party no.2 on 24.03.2014 vide Annexure-13. Being aggrieved and dissatisfied with the impugned order under Annexure-13, the aforesaid writ petition has been filed by invoking the extra ordinary jurisdiction under Articles 226 and 227 of the Constitution of India.;


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