IN THE HIGH COURT OF ORISSA AT CUTTACK
Sashikanta Mishra, J.
Managing Committee of Saraswati Sishu Vidya Mandir, Jagatpur – Appellant
Versus
State of Odisha & Ors. – Respondents
W.P.(C) No. 16527 of 2022 (An application under Articles 226 & 227 of Constitution of India.)
Decided On : 30-08-2022
Recognition - Education Institution - Societies Registration Act, Right of Children to Free and Compulsory Education Act, 2009 - The court discussed the provisions of the Right of Children to Free and Compulsory Education Act, 2009 and its retrospective application, the requirement for online application, and the authority's obligation to communicate deficiencies to the petitioner. The court found that the impugned order was contrary to its earlier directions and quashed the order, directing the authorities to consider the compliance furnished by the petitioner institution and pass necessary orders in accordance with the law.
Fact of the Case:
The petitioner institution sought recognition for the period 2017-18 to 2021-22, faced delays and non-compliance by the authorities, and approached the court multiple times for necessary directions.
Finding of the Court:
The court found that the impugned order was contrary to its earlier directions and quashed the order, directing the authorities to consider the compliance furnished by the petitioner institution and pass necessary orders in accordance with the law.
Issues: Delay in recognition process, non-compliance by authorities, retrospective application of the Right of Children to Free and Compulsory Education Act, 2009, and the obligation of authorities to communicate deficiencies to the petitioner.
Ratio Decidendi: The impugned order was contrary to the court's earlier directions, and the authorities were obligated to consider the compliance furnished by the petitioner institution and pass necessary orders in accordance with the law.
Final Decision: The writ application was allowed, the impugned order was quashed, and the opposite party authorities were directed to consider the compliance furnished by the petitioner institution and pass necessary orders in accordance with the law within a period of four weeks.
JUDGMENT
Sashikanta Mishra, J. - The petitioner is an institution imparting education to students. It was established in the year 1993 and was registered on 20.03.2001 under the Societies Registration Act. The Siksha Vikash Samiti granted permission to the institution on 04.12.2008 to function in the name of Saraswati Sishu Vidya Mandir. The institution started imparting teaching in classes-I to VIII being permitted by the Siksha Vikash Samiti. On 06.05.2015, the Director of Elementary Education, Odisha granted NOC in favour of several schools including the petitioner's school for running the same. Thereafter, the students regularly appeared in the examinations and in the year 2015, the institution submitted list of students of Class-III and Class-V to appear in the Scholarship Examination for the session 2015-16. The students were allowed by the Block Education Officer to appear in the examination and some of the students were also awarded with scholarship on 15.11.2016. The petitioner institution applied for certificate of recognition(COR) as required under the Right of Children to Free and Compulsory Education Rules, 2010 for the period from academic session 2017-18 to 2021-22, i.e., for a period of 5 years as per the norms. Such application was made online on 29.03.2018 bearing No.15219/2017. The petitioner institution submitted names of some students appearing in Class-III and Class-V examination, which was duly received by the opposite party No. 4, who also issued Admit Cards on 14.08.2018 permitting them to appear in the scholarship examination, held on 18.08.2018. While the matter stood thus, in the year 2019, the Pradhan Acharya of the institution submitted a list of students of Class-III and Class-V on 02.07.2019 before the opposite party No.4 to appear in the scholarship examination scheduled to be held in the month of August, 2019.
However, the opposite party No.4 did not receive the said list. On query made by the Institution regarding non- acceptance of the descriptive roll by the opposite party No.4 for the scholarship examination of 2019, it was intimated that the institution had not received recognition pursuant to the application made by it earlier and therefore, the descriptive roll would not be accepted. Since the scholarship examination was due to be held in the 2nd week of August 2019, finding no other way, the petitioner institution approached this Court in W.P.(C) No. 13255 2019. This Court, as per order passed in the said writ application directed the authorities to allow the students to appear in the scholarship examination of 2019. Since no action was taken on the application submitted by the institution for grant of recognition, the managing committee of the petitioner institution filed a representation before the Director of Elementary Education (opposite party No.3) on 29.08.2019, which was followed by a reminder on 14.09.2019. Since no decision was taken, the petitioner approached this Court in W.P.(C) No.18955 2019 praying for necessary direction to the opposite parties. By order dated 22.10.2019, this Court directed the opposite party No. 3 to consider and dispose of the representations of the petitioner in accordance with law within a period of three months. Despite such order being passed by this Court no action whatsoever was taken by the opposite party authorities, for which the petitioner was compelled to file a contempt petition bearing CONTC No.1689 of 2020. The contempt petition was disposed of by order dated 08.06.2020 by directing the opposite parties to comply with the order of this Court within a period of six weeks. Even then the opposite parties did not comply with the direction of this Court for which the petitioner filed another contempt petition bearing CONTC No.3554 of 2020. The said contempt petition was disposed of on 16.10.2020 again granting opportunity to the opposite party authorities to comply with the order, failing which suo motu contempt would be registered by the regi
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