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2017 Supreme(Ori) 501

B.R.SARANGI
Subhadra Girls’ High School Itipur represented by the M. C. through its Secretary Samiranjan Das – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
For the Petitioner:M/s. Susanta Kumar Dash, A.K. Otta, A. Dhalasamanta, B.P. Dhal and P. Jali, Advocates
For the Opp. parties :Mr. A.K. Mohanty, Standing Counsel (S&ME), Mr. B. Senapati, Addl. Govt. Advocate, M/s. Chandrakanta Nayak, S. Samal and R. Samal, Advocates

JUDGMENT :

DR. B.R. SARANGI, J.

1. Subhadra Girls’ High School, Itipur in the district of Kendrapara was established by the educational agency pursuant to resolution of general body meeting held on 11.06.1989 in the premises of Itipur Grama Panchayat Samiti M.E. School. Bhabagrahi Das-opposite party no.6 was chosen as the secretary of the managing committee constituted in the said meeting, but he tendered his resignation on 31.05.1994, which was accepted in the general body meeting attended by him on 08.06.1994. In his place, Samiranjan Das, through whom this writ petition has been filed, was appointed as secretary of the managing committee pursuant to resolution of the general body dated 08.06.1994 in Annexure-2. During the course of discharging the duty and responsibility assigned to him, the petitioner-secretary took steps for obtaining permission for establishment of the school, which was allowed by the Minister of School and Mass Education, Odisha, Bhubaneswar in exercise of power under Sub-section (8) of Section 5 of the Orissa Education (Establishment, Recognition and Management of Private High Schools) Rules, 1991 (hereinafter referred to as “Rules, 1991”) on 04.01.2000 in Ap




















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