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2022 Supreme(Ori) 782

IN THE HIGH COURT OF ORISSA AT CUTTACK
BISWANATH RATH
Governing Body of Regional College of Management – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
For the Petitioner: M/s.Asok Mohanty, Senior Adv.
For the Opposite Party : Mr.S.Ghose, ASC, M/s. A.K.Mohapatra & A.Mohanty, M/s. K.P.Mishra & M.K.Swain, M/s.B.R.Behera, B.Jena & N.A. Kulraj

Table of Content
1. factual background and case context. (Para 1 , 2)
2. petitioners' arguments concerning locus standi and procedural irregularities. (Para 3 , 4 , 5 , 6)
3. opponents' attempts to justify the impugned order. (Para 7 , 8)
4. court's analysis of powers and procedural correctness. (Para 9 , 12 , 13)
5. court's directive for reconsideration of the proposal. (Para 10 , 11)
6. conclusion and disposal of petitions. (Para 14)

JUDGMENT :

BISWANATH RATH, J.

1. Factual background involving the case is that pursuant to disposal of W.P.(C) No.34818 of 2020 by a Coordinate Bench of this Court, vide its order dated 18.12.2020, it is disclosed, the Regional Director, Higher Education, Bhubaneswar has undertaken an exercise in the matter of re-constitution of the Governing Body of the Regional College of Management, Bhubaneswar, in the purported exercise under the direction of this Court in disposal of W.P.(C) No.34818 of 2020 and also claiming to be in exercise of power conferred on it under Section 7 (2) of the Odisha Education Act, 1969 so also in exercise of power under Rules 21, 23 & 24 of the Orissa Education (Establishment, Recognition and Management of Private High Schools) Rules 1

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