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2020 Supreme(Ori) 57
IN THE HIGH COURT OF ORISSA, CUTTACK
P. Patnaik, J.
Managing Committee Of Ekalabya Model Residential School - Appellant
Versus
State Of Orissa & Ors. - Respondents
Writ Petition (Civil) No. 7150 of 2014
Decided On : 12-05-2020
J.K. Rath, Advocate, Y.S.P. Babu, Advocate, M.K. Badu, Advocate, G.N. Mishra, Advocate
The main legal point established was the authority of the Central Government under Article 275(1) of the Constitution of India to select sites and sanction funds for the establishment of Ekalabya Model Residential Schools.
Headnote:
EMRS - Establishment of Ekalabya Model Residential School - Article 275(1) of the Constitution of India - Orissa Education Act, 1969 - Central Board of Secondary Education - Ministry of Tribal Affairs - OMTES - CHSE - EMRS at Bhatachhatra - Annexure-13
Fact of the Case:
The petitioner sought to quash an order and extend financial benefits to their institution for construction of boundary wall and hostels. The petitioner's institution had been functioning for 12 years and had obtained permission and recognition. The dispute arose from the establishment of an Ekalabya Model Residential School (EMRS) at Bhatachhatra, which the petitioner opposed.
Finding of the Court:
The court found that the Central Government had the power for site selection and fund sanctioning for EMRS under Article 275(1) of the Constitution of India. The EMRS at Bhatachhatra had been established in accordance with the revised guidelines issued by the Government of India, and funds had been released for its construction. The court dismissed the writ petition, stating that the impugned order was not illegal or improper.
Issues: The issues revolved around the establishment of the EMRS at Bhatachhatra and the petitioner's entitlement to financial benefits and recognition in light of their existing institution.
Ratio Decidendi: The court held that the Central Government had the authority to select sites and sanction funds for EMRS. It also emphasized that the establishment of the EMRS at Bhatachhatra was in line with the revised guidelines and the funds had been released accordingly.
Final Decision: The writ petition was dismissed, but the petitioner was not precluded from pursuing the matter before the appropriate authorities.
JUDGMENT
P.Patnaik, J. - In the accompanied writ application, the petitioner has inter alia prayed for quashing of the order passed by the opposite party no.2 vide Annexure-13 and further prayer is to direct the opposite parties, more particularly, the opposite party no.2 to extend the financial benefits as per the scheme in favour of the petitioner's institution and to allow the fund to be released in favour of the petitioner's institution for construction of boundary wall and hostels as has been sanctioned and released by the Central Government as the petitioner's institution is existing for the last 12 years and further the petitioner has prayed for direction to the opposite parties not to allow any EMRS to be established under Bisoi Block and not to release any fund in favour of any such institution since the petitioner's institution is a permitted and recognized institution functioning under Bisoi Block for the last 12 years and since one such type of institution is to be established in one Block.
2. The factual matrix in a nut shell is that the Central Government decided to establish Ekalabya Model Residential School (in short, 'EMRS') for ST students in the light of Jawahar Nabodaya Vidyalaya, Kasturaba Gandhi Balika Vidyalaya and Kendriya Vidyalaya and accordingly they are to be set up in the States and Union Territories under the provisions of Article 275 (1) of the Constitution of India. The objective of Ekalabya Model Residential School is to provide quality education to the ST students in middle and high level in the remote areas in order to enable them to avail reservation in high and professional educational courses and jobs in Government, public sector and private sectors and also to have access to the best opportunities in education at par with the Non ST Population areas. As per the Scheme, EMRS are to be established in the Middle and Secondary Classes, i.e., Class-VI to Class-X and Higher Secondary Classes, i.e., for Class-IX and XII. The EMRS are to be affiliated either to the State or the Central Board of Secondary Education as desired fit by the State Government/Union Territory Administration.
3. In pursuance of the aforesaid scheme, the Managing Committee is to be constituted for each EMRS. As per the above scheme, the petitioner's Managing Committee set up one EMRS in the thickly populated ST area at Rengalbeda under Badamunda Gram Panchayat of Bisoi Block in the district of Mayurbhanj. The school was established in the year 2002 and as the permission by the competent educational authorities were not issued, the school was presenting the students to appear the High School Certificate Examination conducted by the Board of Secondary Education Orissa under the correspondence courses since 2002. In order to avoid such difficulties, the President Zilla Parishad in its letter dated 11.04.2008 requested the Director, Secondary Education, Orissa for according permission in favour of the petitioner's school as evident from Annexure-1 to the writ petition. Opp.party no.3 in its letter dated 28.07.2009 granted its permission in favour of the petitioner's institution from the academic session 2008-09 vide Annexure-2. The application of recognition filed by the petitioner's insitutiton was considered by the Director, Secondary Education Orissa and a query was made in its letter no.31578 dated 14.08.2009 addressed to the Inspector of Schools to submit a report for grant of recognition in faovur of the petitioner's institution and accordingly the Inspector of Schools in its letter dated 23.09.2009 recommended for grant of recognition from the session 2008 as evident from Annexure-3 and 4 respectively. Opp.party no.3 extended its temporary recognition in accordance with sub-section (9) of Section 6 of the Orissa Education Act,1969 in favour of the institution vide letter dated 2367 dated 13.01.2011 and the Board of Secondary Education Orissa extended its recognition vide letter no.1195 dated 03.08.2012 as per Annexure-5
