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2016 Supreme(Ori) 80

B.R.SARANGI
Manguli Behera – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
For the Petitioner: M/s. K.K. Swain and P.N. Mohanty.
For the Opposite Parties : Mr. A.K. Pandey, Standing Counsel for School and Mass Education Department, M/s. M.K. Mishra, S. Das, P. Mishra, N.B. Dora, Mr. S.K. Das, S.K. Mishra and P.K. Behera.

JUDGMENT :

B.R. Sarangi, J.

1. The petitioner, who is the Ex-President of the Managing Committee of Bapujee Ashram Residential High School, Goradajhari, in the district of Khorda, has filed this petition seeking to quash the order dated 08.09.2014 under Annexure-4 passed by the Director, Secondary Education, Odisha, Bhubaneswar, approving the reconstitution of the Managing Committee as per the provisions contained under Rule 28 (1) of the Orissa Education (Establishment, Recognition and Management of Private High Schools) Rules, 1991 (hereinafter referred to as “1991 Rules”).

2. The factual matrix of the case, in hand, is that Bapujee Ashram Residential High School, Goradajhari was notified to receive grant-in-aid from the Government by virtue of the Notification No. 1933 dated 27.09.2008, thereby it is an aided educational institution within the meaning of Section 3 (b) of the Orissa Education Act, 1969. The School in question was however managed by a Managing Committee as per the provisions contained under 1991 Rules. The last Managing Committee was reconstituted and approved by the Director, Secondary Education, Odisha, Bhubaneswar on 11.07.2002. Subsequently, the Managing Committe

































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