Observance of principles of natural justice is inherent in Regulation 14, and managing authorities of the school should be afforded with an opportunity to file a properly constituted objection and a chance of hearing to substantiate their case.

JUDGMENT :

M.M. Das, J. - Heard Mr. Routray, learned Counsel for the Petitioner, learned Standing Counsel for the School and Mass Education Department and Mr. Mishra, learned Counsel for the Board of Secondary Education.

2. The Petitioner is a Girl's High School, which was before this Court previously in W.P.(C) No. 954 of 2007. The Petitioner?s school was originally recognized by the Board of Secondary Education, Orissa and is an aided institution. On receiving a letter from the Board of Secondary Education that the renewal of recognition was held up in view of the report of the Inspector of Schools, the Petitioner?s school was intimated that the students appearing in the H.S.C. Examination will be considered as quasi regular for the session 2006-07. Challenging the said letter, the Petitioner approached this Court in the aforementioned writ petition. This Court by order dated 18.9.2007 while disposing of the said writ petition referring to Regulation 15 of Chapter-IX of the Regulations of the Board of Secondary Education, Orissa, directed that if the Petitioners are aggrieved by any order passed by the Board of Secondary Education, it is open for them to file suitable petition before the Board Authorities under the said Regulation 15 and, if such a petition is filed, the same shall be heard and disposed of in accordance with law, as expeditiously as possible, but not later than three months from the date of filing of such petition. This Court further observed that the students, who appeared in 2007 Annual H.S.C. Examination, shall be treated as regular students.

3. After disposal of the aforesaid writ petition, the Petitioners therein approached the authorities of the Board for renewal of recognition on 20.11.2007. Thereupon, the Recognition and Grants Committee intimated the Petitioner vide office order No. 1129 dated 17.1.2008 under Annexure-8 to the writ petition, that in pursuance of the meeting of the said Committee held on 20.12.2007, the representation made by the Headmistress of the Petitioner?s High School for lifting of withholding of renewal of recognition for the session 2006-07 is considered and rejected. On the same day, Annexure-14 was also issued to the Petitioner intimating it that in pursuance of the decision of the Committee on 20.12.2007, the renewal of recognition for the session 2007-08 in favour of Petitioner?s school is withdrawn and the candidates of the school are allowed to appear the H.S.C. Examination, 2008 as quashi regular candidates.

4. It is submitted by the learned Counsel for the parties that the students of the Petitioner?s school appeared in the Annual H.S.C.

Examination, 2008 pursuant to an interim order passed by this Court and their results have already been declared as regular candidates.

5. The question, therefore, remains as to whether the order under Annexure-8 and 14 can be sustained in view of Regulations 14 and 15 under Chapter-IX of the Regulations.

6. A counter affidavit has been filed on behalf of the Board of Secondary Education in Court today. In paragraph-12 of the said Counter affidavit, it has been stated that in the meantime, the Inspector of Schools in his letter under Annexure-9 has recommended for renewal of recognition of the Petitioner?s school for the session 2007-08 and the said matter is under active consideration of the Recognition & Grants Committee which has not been able to take a decision thereon due to pre-occupation on account of the examinations being held.

7. Regulations 14 and 15 of Chapter IX of Regulations of the Board of Secondary Education, Orissa, read as follows:

14. The Director of Public Instruction or any two members of the Board may bring forward a proposal that a school shall be deprived either in whole or in part, of its recognition. The Recognition and Grants Committee shall, after affording the managing authorities of the school all reasonable facilities for stating its objections to the proposal, consider the proposal and transmit a copy of its p