JUDGMENT

The petitioner-School through its Headmaster has filed this writ application for quashment of an order dated 05.08.2015 under Annexure-7 issued by the opposite party No.3 in withdrawing the recognition granted in favour of the petitioners-School under Annexures 2 and 3 series by issuance of writ in the nature of certiorari or any other writ, and for further direction to the opposite parties to restore the recognition granted in favour of the petitioner-School treating it as the recognized school for all purposes and allowing the students to appear in the Annual H.S.C. Examination, 2016.

2. The petitioner-school got the permission under sub section 4 of Section 5 of the Orissa Education Act ( in short called as “the Act”) from the State Government for its establishment as per order dated 20.09.1993. It next got the recognition under sub section 8 of Section 6 of the Orissa Education Act. The petitioner-school thereafter as required got recognition from the Board of Secondary Education ( opposite party No.3) for allowing the students to appear in the Annual H.S.C. Examination conducted by the Board. This state of affairs continued up till the first quarter of the year, 2015.

When the matter stood thus on 23.04.2015 the District Education Officer (opposite party No.4) called for an explanation from the Secretary of the managing committee of the school styling it to be one under section 6-A (1) (2) of the Act, making some allegations as regards non-fulfillment of certain conditions and accordingly the managing committee was directed to file the written statement if any within a period of seven days from the date of receipt of said letter indicating therein that if in pursuance of receipt of said letter no such response comes, action as deemed fit would be so taken as per law. However, it appears that on the very next day i.e. 24.04.2015, the opposite party No.4 submitted a report to the opposite party No.3 recommending for withdrawal of the recognition which had been earlier granted and continuing as such for as such a long period in favour of the petitioner-school, which is at Annexure-8. In the meantime, the managing committee having received the letter of the opposite party No.4 on 02.05.2015 submitted the compliance report under explanation (Annexure-6) dated 07.05.2015 in pursuance of letter dated 02.05.2015 as aforementioned. Then they waited for further communication in the matter.

At this juncture, on 05.08.2015 the opposite party No.3 in view of recommendation of the opposite party No.4 as aforesaid in exercise of power purported to be one under Section 6 (1) of the Act withdrew the recognition standing in favour of the petitioner-school. This has led the petitioner-school to file the present writ application praying before the Court for quashment of the above order passed by the opposite party No.3 regarding withdrawal of the recognition and for other consequential directions/actions to follow.

3. I heard Mr. B. Routray, learned Senior Counsel for the petitioner-school, Mr. B. Rout, learned Standing Counsel for the School and Mass Education Department, Odisha and Mr.S.S.Rao, learned Counsel for the opposite party No.3.

The averments of the writ application with all annexures, counter and the rejoinder have been gone through.

4. The first ground of challenge to the order of opposite party No.3 dated 05.08.2015 under Annexure-7 are that the same is without jurisdiction in as much as power under Section 6 (B) (stated in the order as Rule-6(B) of the Act) to be without jurisdiction being beyond the power of the opposite party No.3 as not conferred to withdraw the recognition as stated. The second ground is that the opposite party No.4 being not the prescribed authority in terms of Section 6 (B) of the Act, the recommendation even without awaiting the explanation from the petitioner school as called for is not only violative of the provision of law but also the principle of natural justice.

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