The court emphasized the principle of equality in state actions, ruling that the government's discretion to take over schools must not result in discriminatory treatment against institutions similarly situated.

ORDER :

1. The intra-Court Appeal styled under Clause 10 of the Letters Pattent read with Rule 2 of Chapter VIII of the Odisha High Court Rules, 1948, has been preferred by Appellants (Petitioners in the writ petition, staff of V.S.S. Panchayat High School, Bargaon in the district of Sambalpur) assailing the Order dated 30.08.2019 passed by learned Single Judge of this Court in W.P.(C) No.15252 of 2019 on the ground that the Judgment rendered by the Hon’ble Supreme Court of India in the case of Director, Elementary Education v. Dibakar Pradhan , Civil Appeal No. 2104 of 2004, vide Order dated 16.02.2010, laying down that “it is in the discretion of the State Government to take over a school or not, it cannot be compelled to do so. After all, taking over of a school has financial and other implications” has been misplaced on the facts and in the circumstances of the instant case.

The writ petition:

2. The Petitioners approached this Court by way of writ petition W.P.(C) No.15252 of 2019 invoking provisions of Article 226/227 of the Constitution of India questioning the propriety of decision of Principal Secretary to the Government vide Office Order bearing No.9973d-XIV-SME-(IX)-LC-I-79/2015/SME, dated 08.05.2019, whereby the subject-school has been denied to be taken over by the Government taking shelter of Letter No.20645, dated 24.06.1994.

2.1. The Petitioners’ school became eligible to come within the fold of minimum Grant-in-Aid (for short, “GiA”) during 1991-92 with effect from 01.03.1991 and accordingly required information was supplied to proper quarter. It is asserted by the Petitioners that the Letter dated 24.06.1994 of the Government showing intention to take over all non-Government fully aided High Schools was not communicated, as a consequence of which even though the Petitioners’ school received full salary cost with effect from 01.06.1994, and eligible to be taken over by virtue of Letter dated 24.06.1994, the same was discriminated.

2.2. The Government of Odisha in School and Mass Education Department vide Letter dated 24.06.1994 (Annexure-4 to the writ petition) has communicated its decision to take over non- Government fully aided High Schools, which is reproduced hereunder:

“Government of Orissa

Department of School & Mass Education No VIII-SM (M)-03/94 (Pt.)-20645/SME, dated 24.06.1994

From

Sri P. Rout,

Additional Secretary to Government

To

The Director, Secondary Education,

Orissa, Bhubaneswar.

Sub: Taking over all Non-Government fully aided High Schools by the State Government.

Sir,

I am directed to say that Government have decided on 07.06.94 to take over all the Non-Government aided High Schools in receipt of full salary cost. To implement the Government decision, the Management of the concerned institutions may be informed to pass unanimous resolutions if they so desire to hand over the management of their respectively institutions alongwith the approved teaching and non-teaching staff including all assets as on 07.06.94 to Government.

2. It should be made clear that Government will not take over any liability whatsoever while taking over the management of institutions.

3. Further the managements may also be asked to obtain written consent of each approved-regular teaching and regular non- teaching staff, existing on their rolls as on 07.06.94 to the effect that he/she will abide by the conditions of services applicable to Government servants in all matters including age of superannuation.

4. The resolutions along with the written consent referred to above should reach, the Department latest by 31.07.94.

5. You are, therefore, requested to take adequate steps to ensure submission o