JUDGMENT :

Pradipta Ray, J. - St. Catherine Girls' High School, Raikia in the district of Kandhamal represented by the Secretary of its Managing Committee has filed this writ application for declaration that the said St. Catherine Girls' High School (hereinafter referred to as "the School") is an educational institution established and administered by the Christians, a minority based on religion and is entitled to get the benefit of the rights guaranteed under Article 30 of the Constitution of India and for setting aside the order No. 5048 dated September 20, 1999 issued by the Administrative-cum-Accounts Officer, Office of the Inspector of Schools, B. K. Circle, Phulbani (Annexure-13 on the basis that the School is a general direct-payment institution and its Managing Committee and become defunct.

2. Admittedly a Primary School for girls was opened in Raikia in 1952 by the Cuttack Roman Catholic Diocesan Corporation, which is a Roman Catholic Mission (hereinafter referred to as "Catholic Mission"). From July 1, 1961 the said Primary School was upgraded to an M.E. School. By Resolution No. 6 dated May 17, 1975 the Managing Committee of the said St. Catherine Girls' M.E. School took a