DURYODHAN KANUNGO AND ORS. Vs. STATE OF ORISSA AND ORS.
LAWS(ORI)-1973-12-12
HIGH COURT OF ORISSA
Decided on December 12,1973

Duryodhan Kanungo And Ors. Appellant
VERSUS
State of Orissa and Ors. Respondents

JUDGEMENT

B.K. Patra, J. - (1.) This is an application under Articles 226 and 227 of the Constitution praying for issue of a writ of certiorari or any other appropriate writ quashing the orders contained in Annexure 6 as unconstitutional and without authority.
(2.) The petitioners are the Secretary and members of Fazio Haque High School of Tyendakura which is a privately managed aided institution, established in 1962. Jaladhar Nanda, opposite party No. 4, was the Headmaster of the School. On the grounds that he engaged himself in political activities and neglected his duties as Headmaster, the members of the Managing Committee by passing a unanimous resolution terminated the services of opposite party No. 4 with effect from 18-10-1968 and appointed one Sayed Fazle Ellahi as the Headmaster with effect from 28-10-1968. Intimation was duly given to the Inspector of Schools regarding termination of services of opposite Party No. 4 and the appointment of Sayed Fazle Ellahi and these actions of the Managing Committee was approved. It is alleged that opposite party No. 4 did not make over charge and kept the office of the school under lock and key. The matter was reported to the Police and the Sub-Divisional Officer, Kendrapara. A police force was deputed and it is with their assistance that the charge of the school could be taken by the new Headmaster. On 10-1-1969, opposite party No. 4 as petitioner No. 2 filed O. J. C. No. 57 of 1969 in this Court, petitioner No. 1 therein being Sk. Nisar Ahmad, ex-President of the school, against the present Managing Committee, the State of Orissa, the S. D. O. the Officer-incharge etc., claiming possession of the school as Headmaster and for injunction to restrain the opposite parties from interfering with the management of the school. The present petitioners opposed the writ which was dismissed on 28-1-1971. After his removal from service, opposite party No. 4 had never preferred any appeal to the Inspector of Schools, opposite party No. 3 as provided in Article 286 of the Orissa Education Code challenging his removal from service. But all of a sudden, the Director of Public Instruction Schools Orissa, opposite party No. 2 issued the impugned order Annexure 6 dated 27-11-1971 to the Inspector of Schools, Cuttack III Circle (Opposite Party No. 3) stating therein inter alia that he was satisfied that the termination of services of opposite party No. 4 was illegal, unconstitutional and void in law and quashing the order of the Inspector of schools which affirmed the proceedings of the Managing Committee terminating the services of opposite party No. 4 with effect from 18-10-1968. By that letter, opposite party No. 3 was requested to ask the Managing Committee of the school to allow opposite party No. 4 to join his duties forthwith and lo intimate to the Committee that on their failure to do so, the Managing Committee would be superseded. A copy of Annexure 6 was forwarded to the Secretary of the school for information and immediate necessary action. The petitioners state that the Director of Public Instruction has no jurisdiction to issue the order contained in Annexure 6 either under the Education Code or the Orissa Secondary Education Act, 1953, and that it is therefore void, and opposite party No, 4 has acquired no right thereunder. It alleged that the actions of opposite party No. 2 in issuing Annexure-6 are motivated and mala fide. He has no power to annul the proceedings of the Managing Committee of a privately managed institution nor to quash the approval granted by opposite party No. 3 to the said proceedings. It is in the circumstances stated above that the petitioners filed the present writ application claiming the reliefs already mentioned.
(3.) A counter affidavit was, in the first instance, filed on behalf of opposite parties 1 to 3 duly sworn by Shrimati Nirmala Sahu, Deputy Inspector of Schools, Cuttack III Circle who stated that she has been duly authorised to swear the affidavit on behalf of opposite parties 1 to 3. She stated inter alia that a copy of the resolution of the Managing Committee terminating the services of Jaladhar Nanda, Headmaster with effect from 18-10-1968 was submitted to the Inspector of Schools and the latter agreed with the Managing Committee. The Inspector also approved the appointment of Sayed Fazle Ellahi as Headmaster in place of Jaladhar Nanda. Jaladhar Nanda had never submitted any appeal to the Inspector of Schools regarding termination of his services.;


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