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2007 Supreme(Ori) 858
P. K. TRIPATHY AND KU. SANJU PANDA, JJ.
Jitendra Kishore Baghasingh and Ors.
Versus
State of Orissa and Ors.
W. P. (C) Nos. 10295 of 2003 with 2626 and 7745 of 2004 and 527 and 3191 of 2005, etc. etc.,
Decided on : 30 -11 -2007
Budhadev Routray, P. K. Dash, D. K. Mohapatra, B. B. Routray, D. Mund, D. Mohapatra, A. K. Baral, P. K. Sahoo, B. N. Satpathy, B. Jena, S. C. D. Dash, P. K. Mohanty, J. K. Rath, S. N. Rath, P. K. Rout, C. K. Rajguru, D. N. Rath, Dr. Dinabandhu Mishra, K. K. Swain, P. N. Mohanty, B. Jena, Asim Amitav Das, M. B. Ray, A. K. Behera, B. C. Padhy, B. R. Swain, B. Sahu, for Petitioner; Addl. S. C., P. K. Mohapatra, S. K. Rath, U. K. Rath, S. N. Rath, P. K. Rout, C. K. Rajguru, D. N. Rath, B. B. Mohanty, S. K. Rout, T. K. Nayak, S. R. Rout, P. K. Mohanty, R. K. Dash, S. Mishra, J. Behera, B. Pujari, B. K. Barik, B. C. Panda, S. P. Sahoo, K. K. Swain, S. C. D. Dash, P. K. Mohanty, P. N. Mohanty, S. C. Padhi, P. K. Rath, R. C. Jena, R. N. Parija, J. Patnaik, B. Mohanty, T. K. Pattanaik, S. D. Das, P. K. Nayak, S. Pattanayak, A. Pattanaik, B. K. Patnaik, A. C. Gahana, A. A. Das, A. K. Behera, M. Balabantaray, B. R. Swain, S. Mohanty, for Opposite Parties.
Headnote:
Grant-in-Aid - Education - Orissa Education Act, 1969, Section 24-B, Section 7-C - The court considered the validity of the Orissa Education (Payment of Grant-in-Aid to High Schools, Upper Primary Schools, etc.) Order, 2004 (G.I.A.) and the disputes arising from it. The court analyzed the provisions of the G.I.A., including sub-clause (4) of Clause 3 and Clause 4, and the entitlement of grant-in-aid by private educational institutions. The court also discussed the jurisdiction of the Education Tribunal under Section 24-B of the Act for adjudicating disputes related to grant-in-aid.
Fact of the Case:
The writ petitions involved disputes related to the Orissa Education (Payment of Grant-in-Aid to High Schools, Upper Primary Schools, etc.) Order, 2004 (G.I.A.). The petitioners claimed grant-in-aid and challenged the validity of the G.I.A. The court considered whether the G.I.A. was ultra vires the Constitution, whether specific clauses of the G.I.A. were contrary to the statutory provisions in the Orissa Education Act, and whether the claims for grant-in-aid were entertainable under Article 226 of the Constitution.
Finding of the Court:
The court found that the G.I.A. provisions, including sub-clause (4) of Clause 3 and Clause 4, were not contrary to the statutory provisions in the Orissa Education Act. The court also held that the claims for grant-in-aid were within the jurisdiction of the Education Tribunal under Section 24-B of the Act and should not be entertained under Article 226 of the Constitution.
Issues: The issues before the court were whether the G.I.A. was ultra vires the Constitution, whether specific clauses of the G.I.A. were contrary to the statutory provisions in the Orissa Education Act, and whether the claims for grant-in-aid were entertainable under Article 226 of the Constitution.
Ratio Decidendi: The court held that the G.I.A. provisions, including sub-clause (4) of Clause 3 and Clause 4, were not contrary to the statutory provisions in the Orissa Education Act. The court also determined that the claims for grant-in-aid were within the jurisdiction of the Education Tribunal under Section 24-B of the Act and should not be entertained under Article 226 of the Constitution.
Final Decision: The court dismissed the writ applications without any order as to cost, and directed the petitioners to approach the appropriate forum, such as the Education Tribunal, for resolution of their claims for grant-in-aid.
Judgement
S. PANDA, J. :- On the submission of the petitioners in the above noted batch of the writ petitions, all the cases were taken up for analogous hearing on the ground that common question of law is involved. Therefore, this common judgment shall abide the result in all the writ petitions. It may be noted here that two of the writ petitions, out of aforesaid batch of cases, viz. W.P. (C) Nos. 10295 of 2003 and 5803 of 2004 are the disputes of different footing and, therefore, they are being separately dealt with in this judgment for their effective disposal. Focus of attention of the parties is that the Orissa Education (Payment of Grant-in-Aid to High Schools, Upper Primary Schools, etc.) Order, 2004 (in short, 'G.I.A.'). That order came into force w.e.f. February, 5th, 2004 as per the Orissa Gazette (Extraordinary) No. 191 dated 5-2-2004.
2. In short, theme and substance of the contentions of the petitioners in each of the writ petitions, is stated below :
W.P. (C) No. 10295 of 2003 :-
Petitioner, a teaching staff of Gopinath Dev High School Rasulgarh in the district of Khurda has filed this writ petition with the claim of grant-in-aid, which has been refused to him by the State Govt. Validity of the G.I.A. Order 2004 being not in issue, his case is to be considered if it comes within ambit of Section 24-B of the Act.
W.P. (C) No. 2626 of 2004 :-
Secretary of the Managing Committee of Ayodhya Bidyapitha at Bansaria in the district of Kendrapara has filed this writ petition inter alia with the prayer to declare paragraph 4 of the G.I.A. order to be inconsistent with grant-in-aid order 1994 and also ultra vires the Constitution and to incorporate the name of the petitioner's school as against serial No. 735 in Annexure-3 as against opposite party No. 4's school to be entitled to receive the grant-in-aid.
W.P. (C) No. 2726 of 2004 :-
Managing Committee of Baramauza Parisada High School represented through its Secretary has filed this writ petition inter alia with the prayer to quash the list of the private schools entitled to receive grant-in-aid (Annexure-6), to incorporate the name of the petitioner's school as against opposite party No. 4 in serial No. 859 of that list and to declare paragraph-4 of the GIA as ultra vires the Constitution.
W.P. (C) No. 2856 of 2004 :-
Secretary of the Managing Committee of Grama Panchayat High School, Muktapur in the district of Keonjhar has filed this writ petition inter alia with the prayer to quash the list of the private schools entitled to receive grant-in-aid (Annexure-5), to incorporate the name of the petitioner's school as against opposite party No. 5 and to declare paragraph-4 of the GIA as ultra vires the Constitution.
W.P. (C) No. 3034 of 2004 :-
Khetramohan Uchha Vidyapitha, Karanjabindha in the district of Balasore being represented by its Secretary has filed this writ petition inter alia with the prayer to quash the list of the private schools entitled to receive grant-in-aid, to incorporate the name of the petitioner's school as against opposite party No. 4 in serial No. 30 of that list and to declare paragraph-4 of the GIA as ultra vires the Constitution.
W.P. (C) No. 3036 of 2004 :-
Managing Committee of Aruha Grama Panchayat High School, Bhagapur in the district of Bhadrak has filed this writ petition praying to incorporate the name of the petitioner's institution as against opposite party No. 4 -school to be entitled to receive grant-in-aid.
W.P. (C) No. 3133 of 2004 :-
Petitioners are the teaching and non-teaching staff of Sachala Devi Girls' High School, Brahmapura in the district of Cuttack. Inter alia, they pray to enlist their school to be entitled to receive grant-in-aid and also with the prayer to declare the GIA ultra vires the Constitution.
W.P. (C) No. 3305 of 2004 :-
Maa Khageswari Bidyayan, Samantara-pur in the district of Jajpur, through its Headmaster, has filed this writ petition with the prayer to enlist the name of the school to be entitled to receive grant-in-aid an
