The withdrawal of recognition must be based on compliance with recognition parameters, and educational institutions should be afforded a reasonable opportunity to rectify any deficiencies before such action.

JUDGMENT :

S.K. PANIGRAHI, J.

1. Since similar questions of law or facts are involved in all the Writ Petitions listed above, all the matters were heard together. However, this Court felt it apposite to decide W.P. (C) No. 37102 of 2021 first and whatever the outcome of the said Writ Petition, the same will be covered to other similar connected Writ Petitions mentioned above.

(I) Facts of the case:

2. The petitioner, in the present Writ Petition, has challenged the legality of the Letter No. 292 (R&G) dated 06.11.2021 under Annexure-5 issued by the Opposite Party No. 5-Deputy Secretary, Board of Secondary Education, Odisha, Zonal Office, Bhubaneswar withdrawing recognition from the petitioner's institution from the session 2020-2021 sans issuance of any notice or giving any opportunity to the institution. Such withdrawal of recognition has been done on the basis of recommendation received by the Opposite Party No. 5/Deputy Secretary, Board of Secondary Education, Odisha, Zonal Office, Bhubaneswar from the Opposite Party No. 3/District Education Officer, Khurda. Even the said recommendation letter received from the Opposite Party No. 3/District Education Officer, Khurda has not been served on the petitioner’s institution. On the contrary, the Opposite Party No. 3-District Education Officer, Khurda vide Letter No. 13316 dated 08.11.2021 under Annexure-6 requested the Opposite Party No. 5-Deputy Secretary, Board of Secondary Education, Odisha, Zonal Office, Bhubaneswar to allow the students of the schools mentioned therein to appear the Annual H.S.C. Examination-2022 as quasi-regular candidates through the nearby located Government High School. Further, the Opposite Party No. 3/District Education Officer, Khurda vide order dated 13601 dated 17.11.2021 under Annexure-7 requested the Opposite Party No. 5/Deputy Secretary, Board of Secondary Education, Odisha, Zonal Office, Bhubaneswar to change the enrolment of Class-IX students of the schools mentioned therein to appear the Annual H.S.C. Examinatjion-2023 as quasi-regular candidates through the nearby Government High School. All these letters of the Opposite Party Nos. 3 and 5 are contrary to the Section-6-B (4) of the Odisha Education Act, 1969 (hereinafter referred to as “the Act” for brevity) and also against the provisions contained in Chapter-IX of the Board of Secondary Education, Odisha Regulation. Hence, the petitioner prays for quashing of the letter dated 06.11.2021/Annexure-5 issued by the Opposite Party No. 5/Deputy Secretary, Board of Secondary Education, Odisha, Zonal Office, Bhubaneswar and letters dated 08.11.2021 and 17.11.2021 issued under Annexure-6 and 7 respectively by the Opposite Party No. 3/District Education Officer, Khurda.

(II) Submissions advanced on behalf of the petitioner:

3. Learned counsel for the petitioner submitted that Jageswaree Uchha Bidyalaya, Aloi, in the district of Khurda was established in the year 1992 and got permission from the State Government from the academic session 1996-97 to open Class-VIII as required under the statute. Recognition of the said school was granted by the Director, Secondary Education, Odisha, Bhubaneswar vide order dated 14.01.1999 from the session 1996-97.

4. He further submitted that as per the law, once the institution is opened with the permission and recognition by the Prescribed Authority, the institution has to apply for grant of recognition for both classes i.e. Classes-IX and X through the prescribed format to the Board of Secondary Education, Odisha. Accordingly, the Opposite Party No. 4/Board of Secondary Education, Odisha, Bhubaneswar granted recognition to the institution for Classes-IX and X vide letter dated 29.12.2001. It is further submitted that Regulation 16 of Chapter-IX of the Board Regulation prescribes certain criteria to be filled up by the institution seeking recognition from the Board such as Classroom, Headmaster’s room, Teachers’ common room, Library room, Science equipment and Trained Teachi