BERHAMPUR DIOCESAN CATHOLIC SCHOOL MANAGING COMMITTEE Vs. STATE
LAWS(ORI)-1992-7-40
HIGH COURT OF ORISSA
Decided on July 21,1992

BERHAMPUR DIOCESAN CATHOLIC SCHOOL MANAGING COMMITTEE Appellant
VERSUS
STATE OF ORISSA Respondents





Cited Judgements :-

LINGARAJ TANDY VS. STATE OF ORISSA [LAWS(ORI)-2002-5-15] [REFERRED TO]


JUDGEMENT

A.K.PADHI, J. - (1.)Praying for issuance of writ of mandamus directing the opposite parties not to interfere in the administration and management of the educational institution, namely, Technical High School, Surada, the petitioner has approached this Court.
(2.)In the writ application it has been asserted that the Technical High School, Surada, situated in the district of Ganjam was established in the year 1954 by the Roman Diocesan Corporation, Cuttack, which is a minority community based on religion, for imparting education. The authorities had from time to time recognised the said school to have been established by the minority community. The institution in question is a recognised one and has received full grant-in-aid from Government up to 1986. Since the institution in question was established by a minority community based on religion with due approval of the authorities, it is clothed with protection of Art. 30 of the Constitution.
(3.)The grievance of the petitioner is two fold -
(a) In the year 1986 the Inspector of Schools interfered with the management of the school and constituted a Managing Committee, term of which had already expired. The persons managing the affairs of the school submitted a proposal for reconstitution of the Managing Committee which was not approved by the Inspector of Schools. The Inspector of Schools in his turn wrote a letter to the Director, Secondary Education, Orissa requesting to approve the proposal for reconstitution of the Managing Committee submitted by him.

(b) On 1-7-1991 the Secretary of the Technical High School, Surada, appointed one Sri Ajit Kumar Behara as the Physical Education Teacher on the recommendation of the Selection Board which had conducted the interview on 24-6-1991. Though Sri Ajit Kumar Behera was eligible to be appointed as such teacher, opposite party No. 3 has not yet approved his appointment. It is submitted that interference in administration amounts to infraction of the right guaranteed under the Constitution.



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