PASAYAT, J.

( 1 ) NOMINATION of Ramachandra Mohapatra as President of the Governing Body of Ramamani Mahavidyalaya, Kantabad in the district of Khurda is under challenge in this writ application. Said nomination was made by the Director of Higher Education, Orissa, Bhubaneswar under Rule 27 (wrongly stated to be Section 27 in Annexure-1) of the Orissa Education (Establishment, Recognition, Management of Private Junior Colleges/higher Secondary Schools) Rules, 1991 (in short, the 'rules' ). The institution is an aided educational institution within the meaning of Section 3 (b) of the Orissa Education Act, 1969 (in short, the 'act' ).

( 2 ) MAIN plank of challenge is that said Rama Chandra Mohapatra is not an eminent educationist which is a sine qua non for such nomination. It is highlighted that originally by order dated 4-9-1997 (Annexure-1) the Sub-Collector, Khurda was nominated by the Government as the President of the Governing Body. Subsequently by order dated 21-11-1997 (Annexure 2), the impugned order nomination of Rama Chandra was approved by the Director. The Sub-Collector was approved as the Member of the Governing Body.

( 3 ) A brief history of the power relating to s