The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.3386 of 2023 Mount Litera Zee School, BBSR & another …. Petitioners Mr. S.R. Mohanty, Advocate -versus- State of Odisha & others …. Opp. Parties Mr. R.C. Pattnaik, Standing Counsel for S&ME Dept.) CORAM: JUSTICE A.K. MOHAPATRA Order No.
Decision
ORDER 14.02.2023 02. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the petitioners as well as learned Standing Counsel for the School & Mass Education Department. Perused the writ petition as well as the documents annexed thereto. 3. The present writ application has been filed by the petitioners with the following prayer:- “In the light of the aforesaid facts and circumstances this Hon’ble Court may be graciously pleased to direct the opposite party No.3 for resumption of access to the petitioners to the official portals of OASIS and SHIKSHA in order to enable them to login and upload the details of the students; And; be further pleased to quash the letter dated 07.01.2023 as under Annexure-14 and direct the opposite party No.2 to issue No Objection Certificate and Certificate of Recognition in favour of the petitioner No.1 // 2 // in terms of the letter under Annexure-6; And; be further pleased to pass any other order(s)/ Direction(s) as this Hon’ble Court thinks fit and proper.” 4. Learned counsel for the petitioner, at the outset submitted that several writ applications were earlier filed before this Court seeking protection of this Court in the matter of grant of NOC to the writ petitioners’ school. He further submitted that a rival group is creating disturbance in the smooth running of the writ petitioners’ school. Further the rival group created vague land dispute with regard to the ownership of land of the writ petitioners’ school. It is submitted that the land in question stands recorded in the name of the writ petitioners’ school. It is further submitted by learned counsel for the petitioners that earlier the land was leased out to a different group which was running school over said land. Thereafter, lease was cancelled and now the writ petitioners’ school is being run by the recorded owners of the land. 5. In the context of the dispute with regard to the land, the learned counsel for the petitioner drawing attention of this Court to Civil Suit bearing CS No.1261 of 2022 pending before learned Senior Civil Judge, Bhubaneswar submitted that in the said Civil Suit an I.A. was filed by the rival group wherein the trust which is running the writ petitioners’ school was opposite party No.1. On perusal of order under Annexure-15 dated 23.11.2022 passed in I.A. No.1 of 2022 by Senior Civil Judge, Bhubaneswar, this Court observed that after vividly discussing the entire issue from the angle of granting temporary injunction under order 39 rule 1 & 2, the Senior Civil Judge, Bhubaneswar has clearly stated that “it is clear that neither the possession nor the administration of the educational institution established on the school premises is no more in the hand of the petitioner (rival group) and that at present time the same is being managed by the opposite parties (petitioners’)”. Further, it has been // 3 // observed that “since the expiry of lease period dated 07.12.2018 the I.A. petitioners has no more enforceable right over the suit land”. Despite being aware of such fact the I.A. Petitioner did not lead such facts before Senior Civil Judge, Bhubaneswar in his plaint or in the interim application. Although, such suppression of fact has been brought on record subsequently by amending the claim. Accordingly, the Senior Civil Judge, Bhubaneswar has come to a conclusion that the I.A. petitioners is not entitled to any protection under the law of equity and that the I.A. petitioners has no enforceable right. After expiry of the lease period on 07.12.2018 and finally, he has concluded that the I.A. petitioners is found not to have any prima facie case in its favour and on the contrary the opposite parties the writ petitioners’ have already been handed over the school premises on payment of rupees One Crore which have been duly acknowledged by the I.A. petitioners vide money receipt dated 25.08.2022. Such facts have not been controverted by the I.A. petitioners. Further, learned Senior Civil Judge, Bhubaneswar has also held that the I.A. petitioners are not likely to suffer any irreparable loss or injury and accordingly, the injunction was refused. 6. This Court on a careful analysis of the order passed by the Senior Civil Judge, Bhubaneswar while refusing injunction has no hesitation in accepting the prima facie finding in I.A. which has attained finality as the same has not been challenged further to prima facie hold that the I.A. Petitioners do not have any prima facie case and that the writ petitioners are in possession of the suit land and as such running the school at the moment. Further, the Senior Civil Judge has also refused to injunct the I.A. Petitioners’ school from the suit property as the I.A. Petitioners’ Trust is prima facie authorized to run the Educational institution. Although, such findings are prima facie in nature and shall be subject to the final outcome of the suit, so far the // 4 // prima facie case in favour of the I.A. Petitioners’ school is concerned, such findings by competent Civil Court involving right over the property would have a lot of legal value and the State authorities should have taken into consideration such findings of the Senior Civil Judge, Bhubaneswar in the I.A. application. However, on perusal of the record it appears to this Court that the State-opposite parties instead of considering the finding of the Senior Civil Judge, even though the same is subject to final finding to be arrived at in the suit and that the order passed in I.A. have not been challenged any further till date has attained finality, therefore, while finding out a prima facie case, the State-opposite parties ought to have taken note of the order passed by the Senior Civil Judge, Bhubaneswar. In view of the aforesaid clear finding by the Senior Civil Judge, Bhubaneswar, this Court is also of the prima facie view, that the writ Petitioners’ institution is being run by the Petitioners’ trust which is the owner of the land on which the school is established. 7. So far, the allegation made by the School & Mass Education Department on the basis of the letters produced by him with regard to non-compliance of the provisions, learned counsel for the Petitioners undertakes, that in the event the NOC is granted to the Petitioners’ school, they shall abide by the terms and conditions and the provisions of the Right to Education Act as is applicable to the schools in the State. 8. In such view of the matter, this Court deems it proper to dispose of the writ application at the stage of admission by directing the opposite party Nos.2 & 4 to grant of NOC to the Petitioners’ school forthwith subject to fulfillment of the criteria which is required to be fulfilled for grant of NOC. Accordingly, it is directed that let the petitioner approach the opposite party Nos.2 & 4 along with a certified // 5 // copy of this order forthwith. In the event, the petitioner approaches the opposite party Nos.2 & 4 they shall consider the case of the petitioner in the light of the direction given hereinabove as expeditiously as possible, preferably within a period of ten days i.e. not later than 24.02.2023 without being influenced by the decision under Annexure- 4. The decision so taken shall be intimated on the very same day to the petitioner. In the event, the NOC is granted to the petitioners’ school, the opposite party No.3 shall do well to open the official portal of OASIS and SHIKSHA managed and maintained by the opposite party No.2 allowing the Petitioners’ school to login and upload the details forthwith on production of the certified copy of this order. The authorities are directed to act upon production of the certified copy of this order. 9. With the aforesaid observations/ directions the writ petition stands disposed of. Urgent issued the certified copy of this order as per Rules. Anil ( A.K. Mohapatra) Judge