SAROJ KUMAR BALABANTARAY Vs. STATE ORISSA

JUDGEMENT

(1.) ALL the aforesaid Writ Applications have arisen out of mal -administration in the Satyasai Engineering College, Balasore, which is a private unaided institution. In O.J.C. No. 11935/2001, the petitioner being a trustee of the institution has sought for a direction for constituting the Governing Body and not to allow the Managing Trustee (O.P. No. 6) or his agents to cause any disturbance in the administration. The Managing Trustee Padmalochan Panda also filed W.P.(C) Nos. 355/ 2002 and 6403/2002 praying to quash the order of the AICTE putting the institution into 'No Admission Category' and also it has been prayed to issue a Writ of mandamus compelling the AICTE for extension of approval for the year 2002 -2003 and to appoint him (Padmalochan Panda) as a receiver for complying the requirement of the AICTE. The students of 3rd year of the institution also filed W.P.(C) No. 1061 of 2002 with a prayer to allow counseling for the academic year 2002 -2003. The N.G.O. filed OJC No. 12959/2001 to allow the Managing Trustee Padmalochan Panda to manage the affairs of the College.

(2.) THE factual position of the case is that Satyasai Education Trust was settled and the same was registered on 28.8.1998 as a charitable trust nomenclating the same as 'Satyasai Education Trust' with the trustees, namely, Padmalochan Panda, Kuntala Kumari Panda, Saroj Kumar Balabantaray and Smt. Kanak Balabantaray (Petitioners in OJC No. 12959/2001). The Engineering College is a technical institution and was approved under Anenxure -1 for the academic session 1999 -2000 by the AICTE in various faculties. The State of Orissa in Industries Department granted concurrence on 21.11.98 (Annexure -2) and the Utkal University granted no objection certificate on 16.12.1998 (Annexure -3). After bifurcation, Fakir Mohan University also gave concurrence by the communication dated 29.4.2000. The AICTE also granted approval for the academic session 2001 -02 in respect of the courses. According to the Resolution dated 17.12.1998 (Annexure -5), one Jajnabaraha Mohanty -Opp. Party No. 8 was appointed as Administrator of the College according to the terms of the registered Trust Deed in Clause 3(c). In the meantime, the AICTE submitted the guidelines (Annexure -6) for constitution of Governing Bodies of Private Technical Educational Institutions and the proposed Governing Body members of Satyasai Engineering College were nominated and the respective authorities mentioned therein were also asked to nominate the members as per the guidelines (Annexures -7 and 8). According to the Provisions of the Trust Deed in Clause 4(h), a Joint Current Account bearing No. 1349 was opened in the Central Cooperative Bank, Balasore in the name of the petitioners Saroj Kumar Balabantaray and Sri Padmalochan Panda and the same was operated accordingly. Recently, another account was also opened in the state Bank of India, Industrial Estate Branch, Balasore.

(3.) PADMALOCHAN Panda and his wife Kuntala Kumari Panda filed counter claiming Sri Panda to be the Chairman of Satyasai Engineering College. He claimed removal of Jajnabaraha Mohanty to be legal in accordance with the Resolution of the Trust. He also made counter allegation of misappropriation against Sri Saroj Kumar Balabantaray in connivance with his sister Kuntala Kumari Balabantaray and Jajnabaraha Mohanty. According to the averment, since Balabantaray was misappropriating the College funds; he called a meeting of the Trust Board on 1.9.2001 (Anenxure -A/6). He also found defalcation of Rs. 19,26,547/ - by Shri Balabantaray. FIR was lodged under Annexure -B/6. Accordingly, he was discharged from the trustee. However, he admitted that he has been injuncted in Title Suit No. 1577/2001 (Misc. Case No. 355/2001) by the Civil Judge, Junior Division, Balasore on 11.9.2001 to take part in the administration of the College and the said suit is pending which was filed by Jajnabaraha Mohanty. He admitted that the Vigilance and Income Tax authorities have attached two accounts of the Trust on 3.9.2001 and 11.9.2001 by order of Assistant Commissioner of Income Tax, Cuttack. In reply to his son's admission, he has submitted that his son is reading in B.C.A. in IMAGE, Bhubaneswar for the last two years and his admission in the Satyasai Engineering College does not arise. He has also mentioned that one Asoka Kumar Mishra is continuing as Principal of the College. He has alleged misappropriation against the Special Officer appointed by the Court.