JUDGMENT :

B.R. Sarangi, J.

1. W.P. (C) No. 8065 of 2013 has been filed by Anil Kumar Mohanty, Principal-cum-Secretary of the Regional College, Rambag, seeking to quash the order dated 16.01.2013, by which the Sub-Collector-cum-President of the Governing Body, Regional Junior College, Rambag has directed him to handover the charge of Regional Degree College to opposite party No. 3 (Pramod Kumar Mohanty) immediately within seven days whereas W.P. (C) No. 18345 of 2013 has been filed by Pramod Kumar Mohanty, Principal-cum-Secretary of the Regional Degree College (opposite party No. 3 in W.P. (C) No. 8065 of 2013) seeking for a direction to the Principal-in-charge-cum-Secretary (opposite party No. 4 in this writ petition) to abide by the order of the Sub-Collector-cum- President of the Governing Body, Regional Junior College, Rambag, Annexure-15 by which direction has been given to opposite party No. 4 (Anil Kumar Mohanty) to handover the charge of Regional Degree College to him immediately within seven days. Effectively, W.P. (C) No. 8065 of 2013 has been filed not to give effect to the letter dated 16.01.2013 whereas W.P. (C) No. 18345 of 2013 has been filed to give effect to the said order on the plea that the Regional College, Rambag has been bifurcated as Regional Degree College, Rambag and Regional Junior College, Rambag having two separate entity and two sets of Governing Bodies and they should be maintained by two separate Secretaries under two sets of Rules.

2. The factual matrix of the case, in hand, is that Regional College, Rambag was established in the year 1988 having got recognition and affiliation as a purely private academic institution having +2 (Higher Secondary) classes only in accordance with Orissa Education Act, 1969. The College in question has been enlisted in 193 non-government aided Junior Colleges and received grant-in-aid as per provisions of the GIA Order, 1994 vide notification dated 17.05.1997. To manage the institution one Satrughana Pradhan was appointed as Principal by the Director, Higher Education. From the Session 1994-95 the Degree wing of the Regional College, Rambag was opened with +3 Arts under the Regional College Governing Body. A separate and distinct Governing Body of degree wing of the said college in the name and style of "Regional Degree College" was formed and forwarded to opposite party No. 2-Director, Higher Education seeking due approval, which has been approved by the Director in its letter dated 02.01.1999. The Governing Body, which has been approved on 02.01.1999, having successfully completed its tenure, was reconstituted in the year 2002 and was accordingly approved by the Regional Director on 26.11.2002. Therefore, the +2 and +3 wings of the College are functioning separately from the academic session 1994-95 with two separate distinct Governing Bodies to manage the institution, may be in one campus and under one roof. Subsequently, the Governing Body of Rambag Degree College resolved to have one administration by merger of the two distinct Governing Bodies and accordingly, all the records of the Degree College as well as the +2 college came into the custody of Anil Kumar Mohanty (petitioner in W.P. (C) No. 8065 of 2013, opposite party No. 4 in W.P. (C) No. 18345 of 2013). The Government in Higher Education Department in order to implement the National Education Policy with regard to separation of the +2 classes from the colleges, took a decision for complete separation of the +2 classes to remain as junior Colleges and +3 classes to remain with the Degree Colleges. Consequentially, running of two separate wings, i.e. bifurcated +2 and +3 wings in one college has been recognized by the Government. To give effect to such bifurcation, the Collector vide letter dated 17.09.2009 wrote to the Principals of all concerned colleges requesting for submission of detail information on college/faculties engaged in respective colleges. Consequentially, the Principal of Regional College,