Judgment

Dr. B.R.Sarangi, J.

Petitioner-Banamali Maharana in W.P.(C) No.1468 of 2008 claiming to be the President of the Managing Committee of the Maa Adiasuni M.E. School challenges the order passed by the Inspector of Schools, Balasore Circle, Balasore-opposite party no.3, reinstating Bhagban Rout-opposite party No.5 who was appointed as Headmaster of the said School and was removed from service on the ground of negligence in duty.

2. Maa Adiasuni U.P. School was established by the people of the locality from out of their own contribution and started functioning from the Session 1992-93 by obtaining permission from educational authorities in accordance with Section-5 of the Orissa Education Act and, as such, permission was granted on 25.01.1994 from the academic session 1993-94. The Managing Committee applied for recognition under Section 6 of the Orissa Education Act which was granted, vide order No.12240 dated 20.07.1996, from the academic session 1995-96 which was valid till 31.07.1996 for a period of 11 days only and after 1995-96 academic session, i.e. after 31.07.1996, no recognition was granted, as a consequence whereof the institution continued as unrecognized, unaided and purely a private educational institution. In the meantime Orissa Education (Establishment, Recognition and Management of Private Upper Primary Schools) Rules, 1991 (hereinafter referred to 1991 Rules) came into force with effect from 18.12.1991. According to the provision contained in the 1991 Rules, an institution is eligible to come under the fold of recognition if it fulfills the conditions prescribed under Schedule-I of the Rules which, inter alia, stipulates in Clause-9 that one Trained Graduate Headmaster and one I.A/I.Sc. with C.T. Training teacher is required. It is also mentioned that one of the teachers shall be a Science student at least up to Higher Secondary (+2) intermediate level. Till the commencement of 1991 Rules, Bhagaban Rout, B.A. B.Ed. as the Headmaster and Gajendra Prasad Nayak B.A.(C.T.) as the Assistant Teacher were continuing in the School having no recognition. At this stage Bhagban Rout-opposite party no.5 remained unauthorizedly absent from duty and therefore, the Managing Committee of the School terminated his services and appointed Basanta Kumar Panda, B.A. B.Ed. having +2 Sc. qualification at Higher Secondary/Intermediate stage as the Headmaster of the institution. Gajendra Prasad Nayak, B.A. (C.T) was continuing as the Assistant Teacher along with him.

On an application made by the Managing Committee, the Director, Elementary Education-opposite party No.2 accorded recognition of the institution, communicated vide Memo No.11544 dated 13.07.1998 with effect from 1998-99 session onwards. In the recognition order, the appointments of the Headmaster and name of the Assistant Teacher, namely Basanta Kumar Panda and Gajendra Prasad Nayak respectively were duly approved. It is further stated that the said recognition order indicated that for violation of the amended provisions of the Orissa Education Act made in the year 1994 and Rules framed thereunder, recognition granted to the institution would be treated as withdrawn. 3. The institution was declared to be an aided one within the meaning of Section-3(b) of the Orissa Education Act vide notification No.14363 dated 15.07.2006 under the provisions of Grant-in-Order 2004. The name of the petitioner’s institution was shown at Sl. No.642 with Basanta Kumar Panda as the Headmaster and Gajendra Prasad Nayak as the Assistant Teacher. The Managing Committee of the School was duly approved by the competent authority and communicated by the District Inspector of Schools-opposite party No.4, vide letter No.2056 dated 24.04.2007, requiring the Sub-Collector, Balasore for nomination of President. The Sub-Collector, Balasore in his letter No.6195 dated 14.08.2007 nominated the President of different Upper Primary Schools functioning under his jurisdiction including the Maa Adiasuni Uppe