Reason: Authentication Location: OHC, Cuttack

Date: 08-Sep-2025 17:54:57

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) No.21593 of 2014

(In the matter of an application under Article 226 and 227 of the

Constitution of India)

Sanjaya Kumar Panigrahi …. Petitioner

-versus-

State of Odisha, represented through its Commissioner-cum-

Secretary, Higher Education … Opposite Parties

Department and Others

Advocate(s) appeared in this case:-

For Petitioner : Mr. A.K. Mohanty, Advocate

For Opp. Parties : Ms. B.L. Tripathy, ASC

CORAM: JUSTICE B.P. ROUTRAY

JUDGMENT

3^rd September, 2025

B.P. Routray, J.

1. Heard Mr. A.K. Mohanty, learned counsel for the Petitioner

and Ms. B.L. Tripathy, learned ASC for State.

2. The Petitioner served as Lecturer in Political Science since 1^st June, 1992 in Biju Pattnaik (Junior) College of Education, Govindapalli in the district of Malkangiri (hereinafter referred as ‘the

Reason: Authentication Location: OHC, Cuttack Date: 08-Sep-2025 17:54:57 College’), and subsequently discharged the duties as Principal-in- charge-cum-Secretary of said College in the year 2014. While serving as such, the Sub-Collector, Malkangiri in the capacity of President of Governing Body of the College put the Petitioner under suspension contemplating disciplinary proceeding vide his order dated 29^th October, 2014 under Annexure-1. Said order of suspension under Annexure-1 is subject matter of challenge in present writ petition.

3. It is submitted by Mr. Mohanty, learned counsel for the Petitioner that when the College is admittedly a non-Government aided College within the meaning of Section 3(b) of the Odisha Education Act and governed by The Odisha Education (Establishment, Recognition and Management of Private Colleges / Private Junior Colleges / H.S) Rules, 1991, as amended from time to time, the Sub-Collector has no authority to discharge the duty as President of the Governing Body of the College after incorporation of the Odisha Education (Establishment, Recognition and Management of Private College / Private Junior Colleges / H.S) Amendment Rules, 2001. He further submits that the suspension of the Petitioner cannot be valid after 30 days at any cost without approval of the Director and Reason: Authentication Location: OHC, Cuttack Date: 08-Sep-2025 17:54:57 therefore, such order of suspension of the Petitioner is liable to be quashed.

4. The State has filed its counter stating that the Sub-Collector is the de-facto President of the Governing Body of such aided Colleges by operation of Rule 130 of the Odisha Education Code and therefore there cannot be any illegality said to have been committed by suspending the Petitioner under Annexure-1.

5. The admitted fact remains that the college is an aided college and receiving grant-in-aid with effect from 16^th August, 2011 and before suspension the Petitioner was serving as Principal-in-charge of the college. The order of suspension as issued by the Sub-Collector in the capacity of President of the Governing Body is dated 29^th October, 2014 (Annexure-1). It is seen from Annexure-2 that prior to that, on 18^th October, 2014 the State Government in Department of Higher Education nominated the local MLA namely, Dambaru Sisa, as the President of the College vide order No.24266 dated 18^th October, 2014 and then based on the same the Regional Director of Education, Berhampur constituted the Governing Body of the college vide order no.4327 dated 24^th October, 2014 keeping Dambaru Sisa as the President and the Principal-in-charge of the college as the Secretary Reason: Authentication Location: OHC, Cuttack Date: 08-Sep-2025 17:54:57 along with other members. It is submitted by Ms. Tripathy, learned ASC that said order dated 24^th October, 2014 constituting the governing body under Annexure-3 has latter been stayed by this Court in order dated 31^st October, 2014 passed in WP(C) No.20969 of 2014 and as such, the continuance of the Sub-Collector as the President of the Governing Body remained valid as on 29^th October, 2