Christ College, Cuttack is recognized as a minority educational institution under the Odisha Education Act, 1969, and related state communications attempting oversight of its management were quashed.

JUDGMENT :

SASHIKANTA MISHRA, J.

Whether Christ College, Cuttack is a minority educational institution within the meaning of Section 2 of the Odisha Education Act, 1969 (in short the “Act, 1969”) is the preliminary question to be determined in all these writ applications. The other question to be determined is as to if these writ applications would be maintainable regardless of the answer to the preliminary question.

2. The petitioners in these writ applications (except W.P.(C) No.4075 of 2014 and W.P.(C) No. 11862 of 201) are Staff of Christ College and are aggrieved by action taken against them by governing body of the College. Since the preliminary question as above was raised, with consent of the parties, the said question was taken up for determination at the outset. Since this issue is common to all these writ applications, they were heard together and are being decided by this common judgment. To such extent therefore, the facts of each of the cases are not required to be gone into at this stage.

3. W.P.(C) No. 4075 of 2014 has been filed by the Christ College challenging letters dated 13.11.2013 and 22.02.2014 issued by the Director, Higher Education, Odisha in requesting the Management to revoke the order of suspension of Sri Rabindranath Lenka (opposite party No.2 and a teaching staff) and to dispose of his prayer made in the representation dated 21.10.2013 and in reminding the Management to ensure compliance of the earlier request on threat of withdrawal of delegation of financial power bestowed on the Principal. Be it noted that as per resolution of the Governing Body dated 11.09.2013, the Management had placed Sri Lenka on suspension with immediate effect.

4. W.P.(C) No. 11862 of 2018 has been filed by the Christ College with prayer to quash the letters dated 07.06.2018 and 06.07.2018 in relegating the order of suspension passed against Dr. Pradeep Kumar Dhal (opposite party No.4, a teaching staff) from the date of expiry of one month in terms of second proviso to Rule 21(2) of the Odisha Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974 and in reminding the Management to comply with such order.

The stand taken by the Christ College in both these writ applications basically is, it being a minority managed institution, the provisions of the Orissa Education Act, 1969 and Rules framed thereunder are not applicable to it and therefore, the impugned communications made by the Director Higher Education are contrary to the provision under Article 30 of the Constitution of India.

5. On the other hand, it has been argued on behalf of all other petitioners (Staff of the College) that Christ College, Cuttack is not a minority educational institution but an aided educational institution within the meaning of Section 3 (b) of the Act, 1969 and therefore, all the relevant rules framed under the Act, 1969 relating to conditions of service of its employees are applicable to it.

6. Heard Mr. K.K. Swain and Mr. S.K. Das, learned counsel for the petitioners; Mr. B.P. Tripathy, learned Addl. Government Advocate for the State; Mr. S.K. Dash and Mr. S.P. Mishra, learned Senior Counsel along with Mr. S. Mishra, learned counsel for the Christ College; and Ms. Pami Rath and Mr. U.C. Pattnaik, learned counsel for the private opposite parties and Mr. B. Dash, learned counsel for the petitioner in W.P.(C) No. 21522 of 2019 and opposite party N