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2008 Supreme(Ori) 189

A.S.NAIDU
Governing Body of Stewart Science College, Cuttack – Appellant
Versus
State of Orissa – Respondent


Advocates appeared
Ms. Jayanta Kr. Rath, S. R. Patnaik, P. K. Swain, D. K. Rath, S. N. Rath, C. K. Rajguru and Mrs. P. P. Patnaik, for Petitioner, State Counsel, for Opposite Parties.

ORDER :- The facts and points of law in both the writ petitions being the same, both the matters were heard together.

2. W.P. (C) No. 7762 of 2004 has been filed by the Governing Body of the Stewart Science College, Cuttack represented through its Secretary challenging the Notification No. IV.HE/GB-02/2004.21066/HE dated 10th June, 2004 (Annexure 2) issued by the State governing dissolving Governing Body of the College along with the Governing Bodies of all Non-Government Aided Colleges in the State in purported exercise of powers conferred upon it under the proviso to sub-section (6) of S. 7 of the Orissa Education Act, 1969.

The same Notification bearing No. IV. HE/ GB-02/2004.21016/HE dated 10th June, 2004 dissolving the Governing Body of the Christ College, Cuttack is assailed in W.P. (C) No. 7763 of 2004 by the Secretary of the Governing Body of that College.

3. As it appears from the averments in the W.P. (G) No. 7762 of 2004, and submissions made by the learned counsel for the petitioners, the Diocese of Cuttack, a unit of Churches under the charge of a Bishop, having jurisdiction throughout the territorial organisation, i.e. Cuttack, Dhenkanal, Puri, Ganjam, Phulbani, Balasore


























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