2024 Supreme(Online)(ORI) 923
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.34453 of 2021
In the matter of an application under Articles 226 & 227 of the
Constitution of India.
………………
Baijayanti Nayak
….
Petitioner
-versus-
State of Odisha & Ors.
….
Opposite Parties
For Petitioner
:
Mr. B. Routray, Sr. Advocate
along with
Mr. S.D. Routray, Advocate
For Opp. Parties :
Mr. S.K. Samal, AGA
(Opp. Party Nos. 1, 2)
Mr. M.K. Mohanty, Advocate
(Opp. Party Nos. 3 & 4)
PRESENT:
THE HON’BLE JUSTICE BIRAJA PRASANNA SATAPATHY
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Date of Hearing: 10.11.2023 and Date of Judgment: 03.01.2024
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Biraja Prasanna Satapathy, J. The present writ petition has been filed inter alia with the following prayer:-
- // 2 // “It is therefore, most humbly prayed that this Hon’ble Court be graciously pleased to i) Admit the writ application.
- ii) Call for the record.
- ii)(a) Issue Rule Nisi calling upon the opposite parties to show cause as to why the impugned order dated 22.10.2021 under Annexure-8 issued by opposite party no. 3, shall not be quashed.
- ii)(b) If the opposite parties fail to show cause or show insufficient cause make the rule absolute and issue a writ in the nature of certiorari or any other writ/writs direction/directions quashing the impugned order dated 22.10.2021 under Annexure-8 issued by opposite party no.
3.” iii) Issue a writ in the nature of mandamus or any other writ/writs, direction/directions directing the opposite parties to accept the joining report and allow the petitioner to continue in her former post of Principal in Charge taking into consideration the admitted facts as stated in the writ petition and to release the current and arrear salary of the petitioner within a reasonable time to be stipulated by this Hon’ble Court. iv) And/or pass such other order/orders, direction/directions as this Hon’ble Court may deems fit and proper for the ends of justice. And for the said act of kindness, the petitioner as in duty bound shall ever pray.”
2. It is the case of the Petitioner that Petitioner was selected and appointed as a Lecturer in History in the +3 wing of Biju Pattnaik Women’s Degree College in the district of Subarnapur vide order dtd.04.10.1993 under Annexure-1. The services of the Petitioner was duly approved in terms of Grant-in-Aid Order, 2008 vide order dtd.22.07.2011 under Annexure-2. In the said order of approval the date of joining of the Petitioner was taken as 11.10.1993.
// 3 // 2.1. It is contended that Petitioner while continuing as such and she being the senior most teacher continuing in the College, vide order dtd.26.08.2011, Petitioner was allowed to take over complete charges of Principal-in-Charge -cum- Secretary of the College. In terms of the order issued on 26.08.2011 under Annexure-4 series, Petitioner took charge as Principal-in-Charge –cum- Secretary on 29.08.2011.
2.2. It is contended that the Governing Body of the College, which was reconstituted vide order dtd.13.12.2019 was dissolved in terms of the notification issued by the Govt. in the Department of Higher Education on 24.01.2020. Such a notification was issued by the Govt. in exercise of the power conferred under the proviso to Sub Section 6 of Section 7 of the Orissa Education Act, 1969 (in short Act). Vide the said notification while dissolving the Governing Bodies and Managing Committees of all Non-Govt. Aided Institutions including Aided Degree Colleges of Odisha coming under the purview of Higher Education Department with immediate effect, a decision was taken that where the College is situated at the district headquarters, the Addl. District Magistrate of the concerned district shall act as the President of the Governing Body or the Managing Committee till further orders.
// 4 // 2.3. Learned Sr. Counsel appearing for the Petitioner contended that Section 3(h) of the Act provides the definition of Governing Body. As provided under Section 3(h), Governing Body means any Body of individuals, by whatever name designated, in which the Management of a (a junior college or a Higher Secondary School, as the case may be) vests. It is further contended that Section 7 of the Act deals with the Managing Committee or Governing Body of Educational Institutions is concerned. Section 7 of the Act provides as under:-
- “7. (1) Every private educational institution shall have a managing committee or governing body, as the case may be constituted in accordance with the rules.
- (2) The managing committee or the governing body, as the case may b