KSHETRAMOHAN OJHA Vs. STATE OF ORISSA

JUDGEMENT

(1.) On the suggestion of the learned counsels for both parties, this case was taken up for final hearing.

(2.) BORIKHI High School in the district of Cuttack is a private school. Its management is governed by the Orissa Education (Management of Private Schools) Rules, 1980. The outgoing managing committee in its meeting held on 30 -6 -1987 recommended names of seven persons (opp. parties 4 to 10) to be included in the new managing committee for the next term. The Secretary of the managing committee by letter dated 4 -7 -1987 accordingly moved the Inspector of Schools who by letter dated 6 -11 -1987 (Annexure -3), accorded his approved. The petitioners claiming to be aggrieved by such approval preferred appeal before the State Government under Rule 5 of the aforesaid Rules. This appeal was heard and dismissed by the Hon'ble Minister, Education by the impugned order (Annexure~8) dated 30 9 -1989. The Hon'ble Minister took the view that the Inspector not Having returned the proposal to the outgoing managing committee for substitution of any of the proposed members before according his approval, the appeal was not maintainable under Rule 5.

(3.) OPP . parties 5 to 8 filed a joint counter and opp. party No. 3, the Inspector of Schools, filed a separate counter. According to them, the term of the outgoing managing committee was to expire on 15 -10 -1987 and in its meeting held on 30 -.6 -1987 a. resolution was passed proposing the names of non -official members. Consequently the suggestion of the outgoing managing committee was made within prescribed time. They contend that after approval of the names proposed by the outgoing managing committee, the Inspector of Schools is to nominate the other members under Rule 4(3) and approve the managing committee. But such a situation had not arisen in the instant case, because the Inspector was yet to nominate the other members and, therefore, there was no scope for invoking the appellate powers of the State Government.