The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.5496 of 2024 Dr. Susanta Kumar Dey Petitioner …. Ms. P. Rath, Sr. Advocate along with Mr.S. Tibrewal, Adv State of Odisha & Others -versus- …. Opposite Parties Mr. M.K. Balabantaray, AGA Mr.J.K. Rath, Sr. Adv. for O.P.4 & 5 CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 14.08.2024 Order No. 10. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
Facts
2. Heard learned counsel appearing for the Parties. 3. Petitioner has filed the present Writ Petition inter alia challenging the order dtd.20.02.2024 so issued by Opposite Party No.4 under Annexure-11. Vide the said order, Opposite Party No.4 promoted Opposite Party No.5 as against the post of Principal-in-Charge on regular basis. 4. It is the main contention of the learned Senior Counsel appearing for the Petitioner that this Court while disposing W.P.(C) No.17230 of 2023 vide order dtd.29.01.2024 under Annexure-8, only allowed Opposite Party No.4, Petitioner in W.P.(C) No.17230 of 2023, to // 2 // submit a proposal for reconstitution of the Governing Body, in terms of the provisions contained under Rule-23 of the 1991 Rules. Relevant view expressed by this Court in Para-7.2. of the order dtd.29.01.2024 under Annexure-8 reads as follows:- “Since as on the date of disposal of the writ petition on 18.10.2022, the Governing Body approved on 30.12.2013 was functioning as the Governing Body, it is only competent to submit the proposal for reconstitution of the Governing Body in terms of the provisions contained under Rule-23 of the 1991 Rules”. 4.1. Learned Senior Counsel appearing for the Petitioner contended that in view of the specific nature of order passed by this Court in its order dtd.29.01.2024, Opposite Party No.4 was only competent to submit the proposal seeking reconstitution of the Governing Body and no other work. But on the face of such order passed by this Court, which was not assailed by the present Opposite Party No.4/ Petitioner in W.P.(C) No.17230 of 2023, Opposite Party No.4 could not have taken the decision vide the impugned order dtd.20.02.2024 under Annexure-11 in promoting Opposite Party No.5 as Principal-in-Charge of the College. It is accordingly contended that the impugned order is not sustainable in the eye of law. 4.2. It is also contended that term of the Governing Body represented by Opposite Party No.4 was approved on 30.12.2013 and it is for a period of three (3) years. But taking into account the pleadings made in W.P.(C) Page 2 of 7 // 3 // No.17230/2023, this Court allowed the Governing Body to submit the proposal for re-constitution of the Governing Body by treating it as the out goiong Governing Body. Since the term of the Governing Body approved on 30.12.2013 completed its term on 30.12.2016 and this Court only permitted it to submit the porposal for re- constitution of the Governing Body, it should not have passed the impugned order in promoting Opposite Party No.5 as Principal-in-Charge of the College. 4.3. Learned Senior Counsel also contended that in view
Legal Reasoning
of the nature of order passed by this Court in the case of Dr. Premalata Rout vs. State of Odisha & Others (W.P.(C) No.12606 of 2023, disposed of on 11.05.2023), prior to constitution of common cadre, Opposite Party No.4 could not have allowed Opposite Party No.5 to act as Principal-in-Charge of the College. 4.4. It is also contended that this Court in similar issue while interfering with the matter directed Opposite Party No.1 to allow some other senior Lecturers of nearby College to act as Principal-In-Charge till the common cadre as directed in the case of Dr. Premalata Rout is constituted. 4.5. It is also further contended that on the face of the interim order passed by this Court on 12.03.2024, Opposite Party No.5 is continuing as Principal In-Charge Page 3 of 7 // 4 // of the College in question at the behest of Opposite Party No.4. 5. Learned Addl. Government Advocate for the State on the other hand contended that in view of the specific nature of order passed by this Court in its order dtd.29.01.2024 under Annexure-8, Opposite Party No.4 as the Governing Body of the College could not have taken such a decision by promoting Opposite Party No.5 as against the post of Principal-in-Charge on regular basis. However, proposal submitted by Opposite Party No.4 to reconstitute the Governing Body is yet to be approved. 6. Mr. J.K. Rath, learned Senior Counsel appearing for Opposite Party Nos.4 and 5 on the other hand made his submission basing on the stand taken in the counter affidavit so filed by Opposite Party Nos.4 and 5. Though it is not disputed by the learned Senior Counsel that in terms of the order on 29.01.2024 so passed in W.P.(C) No.17230 of 2023, Opposite Party No.4 was allowed to continue, but he contended that since the order passed on 12.05.2023 by Opposite Party No.1 was quashed by this Court in its order dtd.29.01.2024, Opposite Party No.4 is competent to discharge the duty of Governing Body in all respect and in that capacity the order under Annexure-11 was issued. Page 4 of 7 // 5 // 6.1. It is also contended that since the order dtd. 12.03.2024 was an ex-parte order, Opposite Party No.5 is continuing in that capacity as on date in terms of the order at Annexure-11. 6.2. Learned Sr. Counsel however contended that Opposite Party No.4 in the meantime has already submitted the proposal vide letter dtd.26.02.2024 under Annexure-B/4-Series for reconstitution of the Governing Body. 7. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court finds that the order dtd.12.05.2023 by which the earlier Governing Body was superseded was the subject matter of challenge by present Opposite Party No.4 in W.P.(C) No.17230 of 2023. This Court while quashing the said order dtd.12.05.2023, specifically held that the Governing Body-Opposite Party No.4 is only competent to submit the proposal for reconstitution of the Governing Body in terms of the provisions contained under Rule-23 of the 1991 Rules by treating it as the outgoing Governing Body. The Governing Body represented by Opposite Party No.4 was approved on 30.12.2013 and its term expired on 30.12.2016. But taking into account the peculiar facts and circumstances pleaded, this Court while disposing the Writ Petition in W.P.(C) No.17230/2023, permitted it Page 5 of 7 // 6 // to submit the proposal for re-constitution of the Governing Body only. 7.1. In view of such specific nature of permission accorded by this Court in its order dtd.29.01.2024, Opposite Party No.4 was not competent to take any further decision, save and except submit the proposal as directed. As the Governing Body-Opposite Party No.4 has acted beyond the order passed by this Court on 29.01.2024, this Court is inclined to quash the office order dtd.20.02.2024 so issued by Opposite Party No.4 under Annexure-11. While quashing the same, this
Decision
Court allows the Writ Petition. 7.2. However, while parting with the case, this Court considering the fact that a proposal has been submitted by Opposite Party No.4 for reconstitution of the Governing Body on 26.02.2024 under Annexure-B/4-Series while deprecating the action of Opposite Party No.2 in not taking any step as yet, directs Opposite Party No.2 to take immediate step on the same in accordance with law. 7.3. This Court placing reliance on the decision in the case of Dr. Premalata Rout as cited (supra) and for smooth functioning of the College also directs Opposite Party No.1 to allow any Senior Lecturer of nearby College to act as Principal-In-Charge of the Petitioner’s College, as an interim measure. Such an order be issued by Opposite Page 6 of 7 // 7 // Party No.1 within a period of ten (10) days from the date of receipt of this order. 8. Accordingly, the Writ Petition stands disposed of. A free copy of this order be handed over to Mr.M.K. Balabantaray, learned AGA for compliance. Subrat (Biraja Prasanna Satapathy) Judge Signature Not Verified Digitally Signed Signed by: SUBRAT KUMAR BARIK Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 20-Aug-2024 18:09:34 Page 7 of 7