JUDGMENT :

B.L. Hansaria, C.J. - These two writ petitions require answer of two important questions. These are:- (1) Whether the Managing Committee of a 'private educational institution' is amenable to writ jurisdiction of this Court, and (2) Whether an order of reinstatement can be passed even if it is found that the service of a teacher of such an institution has been illegally terminated.

2. To answer the aforesaid two questions, let the broad facts of the two cases be noted.

In so far as the petitioner in O.J.C. No. 357/83 is concerned, he was appointed against a trained graduate post in Panchayat High School some time in August 1981. This school is admittedly a 'recognised educational institution' as defined u/s 3(k) of the Orissa Education Act, 1969, hereinafter called, 'the Act'. In January, 1983, however, the petitioner received a letter from the Secretary of the Managing Committee stating that he had been relieved of his duties on the ground of negligence in duty and misconduct. No enquiry had been held before terminating the service of the petitioner, but the matter was discussed in the Managing Committee and a decision was taken to terminate the service of the petitioner.

Th