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1988 Supreme(Ori) 118

HARI LAL AGRAWAL, D.P.MOHAPATRA
MANAGING COMMITTEE OF JHINKIRIA HIGH SCHOOL – Appellant
Versus
INSPECTOR OF SCHOOLS – Respondent


Advocates Appeared:
K.N. Jena, for the Appellant; Govt. Advocate and B.K. Patnaik, for the Respondent

JUDGMENT :

D.P. Mohapatra, J. - The Petitioners have filed this application under Articles 226 and 227 of the Constitution of India praying to issue a writ of certiorari quashing the order of the Inspector of Schools. Mayurbhanj Circle, opposite party No. 1. as per Annexure-6 and the order of the appellate authority as per Annexure-7. Petitioner No. 1 was the Managing Committee of Jhinkiria High School represented by its Secretary Chhatish Kumar Behera and Petitioners 2 to 6 and opp. parties 5 to 7 were members of the Managing Committee at the material point of time. By the order in Annexure 6 the Inspector of Schools declared the said Managing Committee defunct in purported exercise of power under Rule 9-A of the Orissa Education (Management of Private Schools) Rules, 1980 (for short the ?Rules?) and took over charges of the Managing Committee of the School with effect, from 8th of November. 1985. By the appeal filed by the Petitioner Chhatish Kumar Behera challenging the order in Annexure 6. Admittedly the school was a private institution receiving aid from the State Govt. at the material point of time.

2. The case set out by the Petitioners in the writ application, shortly stated,

























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