The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.9659 of 2023 Rohitaswa Educational Trust, Cuttack and another …. Petitioners Mr. Rajjeet Roy, Advocate along with Mr. S. Sourav, Advocate -versus- State of Odisha and others …. Opposite Parties/ Contemnors Mr. Saswat Das, A.G.A. CORAM: JUSTICE A.K. MOHAPATRA Order No. ORDER 04.04.2023 03. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
Legal Reasoning
2. Heard Mr. Rajjeet Roy, learned counsel along with S. Sourav, learned counsel appearing for the Petitioners and Mr. Saswat Das, learned Additional Government Advocate appearing for the State-Opposite Parties. Perused the writ application as well as the documents annexed thereto. 3. The present writ application has been filed by the Petitioners with a prayer for a direction to the Opposite Parties to consider the request the Petitioners for according permission to change the address of the Petitioner No.2 and // 2 // to take immediate steps in terms of letter dated 17.08.2022 of the Opposite Party No.3-District Education Officer, Khurda to the Opposite Party No.4-Block Education Officer, Bhubaneswar and to complete the entire exercise within a stipulated period of time. 4. Mr. Rajjeet Roy, learned counsel appearing for the Petitioners submitted that M/s. Zee Learn Limited is an educational agency which provides franchise to the schools in the name of Mount Litera Zee School. On 31.12.2016, the Petitioner No.1-Trust executed an agreement with the above noted Zee Learn Limited to run a franchise school of Mount Litera Zee School at Bhagabatipur, Khandapada, Bhubaneswar. He further contended that prior to execution of the agreement with Zee Learn Limited, the Petitioner No.1-Trust executed a lease deed on 16.2.2016 with Gurukrupa Foundation Trust (GFT) for using the land and building of GFT situated at Bhagabatipur, Khandapada, Bhubaneswar. On the basis of such lease deed executed with GFT, the Petitioner No.1-Trust received NOC and recognition from the State Government. Accordingly, they were running a school in the name of Mount Litera Zee School at Bhagabatipur, Khandapada, Bhubaneswar. The lease deed executed with GFT came to an end after expiry of the term fixed in the lease deed. Thereafter, a dispute arose with regard to renewal of the lease deed between the // 3 // Petitioner No.1-Trust and the GFT. Accordingly, a civil suit bearing C.S. No.1261 of 2022 was filed before the Civil Judge (Senior Division), Bhubaneswar at the instance of the Petitioner No.1-Trust seeking a relief of permanent injunction against GFT. He further contended that initially on 19.05.2022, a status quo order was passed in favour of the Petitioner No.1-Trust with regard to possession over the suit property. However, on appearance of the GFT and after filing of their objection, the Civil Judge (Senior Division), Bhubaneswar vacated the status quo order. 5. While the matter stood thus, the Petitioner No.1-Trust took a decision to shift their school from Bhagabatipur, Khandapada, Bhubaneswar to a new location at Raghunathpur, Patia, Bhubaneswar. Accordingly, a application was filed on 16.08.2022 before the Opposite Party No.1-District Education Officer, Khurda to accord permission for shifting of the school. On 17.08.2022, the District Education Officer, Khurda directed the Block Education Officer, Bhubaneswar to cause an inquiry with regard to the fulfillment of the criteria by the Petitioner No.1-Trust as envisaged under RCFCE Act, 2009. Mr. Roy further contended that on the basis of such application for shifting of the school to the new premises and awaiting approval by the D.E.O., the Petitioner No.1-Trust approached the Zee Learn Limited to execute a fresh // 4 // agreement for transferring the school to a new address at Raghunathpur, Patia, Bhubaneswar on 12.10.2022. He further contended that the Director of Secondary Education while considering the rival claims over Mount Litera Zee School at Bhagabatipur, Khandapada, Bhubaneswar, vide his order dated 07.01.2023 rejected the respective claims of GFT and the Petitioner No.1-Trust refuses to grant NOC to either of the educational truest. 6. While this was so, the GFT approached this Court by filing a writ application bearing W.P.(C) No.3386 of 2023. In the said writ application, it was disclosed before this Court that the interim order of status quo has already been vacated on 23.11.2022 by the learned Civil Judge (Senior Division), Bhubaneswar in C.S. No.1261 of 2022. Further, on perusal of the order passed by the learned Civil Judge (Senior Division), Bhubaneswar, this Court came across certain observations made by the learned Civil Judge (Senior Division), Bhubaneswar. Taking into consideration the order passed by the learned Civil Judge (Senior Division), Bhubaneswar in C.S. No.1261 of 2022, this Court disposed
Decision
of the writ petition vide order dated 14.02.2023 by directing the Director of Secondary Education, Odisha to grant NOC in favour of the GFT. 7. In the meantime, the Petitioner No.1-Trust had taken a decision to shift its school from Bhagabatipur, Khandapada, // 5 // Bhubaneswar to Raghunathpur, Patia, Bhubaneswar. Further, the Petitioner No.1-Trust has already executed an agreement with the Zee Learn Limited to open a franchise school in the name of Mount Litera Zee School at Raghunathpur, Patia, Bhubaneswar. Accordingly, an application was submitted by the Petitioner No.1-Trust before the District Educational Officer to permit shifting of the school. Since the permission for shifting was not granted, the Petitioner No.1-Trust approached this Court for a direction to the Opposite Parties to grant such permission for shifting of the school as has been prayed for by the Petitioner No.1-Trust. 8. Learned Additional Government Advocate appearing for the State-Opposite Parties, on the other hand, contended that the NOC that was granted earlier to the Petitioner No.1- Trust in the year 2016 to run the school was in respect of a property which belonged to GFT. He further submitted that admittedly the property situated at Bhagabatipur, Khandapada, Bhubaneswar belonged to the GFT. Therefore, it was also contended by learned Additional Government Advocate that after expiry of the lease deed, the Petitioner has no right to continue in possession over the property at Bhagabatipur, Khandapada, Bhubaneswar. Moreover, learned Additional Government Advocate also argued that so far the Mount Litera Zee School at Bhagabatipur, // 6 // Khandapada, Bhubaneswar is concerned, pursuant to the application of the GFT and order of this Court dated 14.02.2023 passed in W.P.(C) No.3386 of 2023, a NOC has already been granted to the GFT on 04.03.2023. Therefore, the question of shifting of the school does not arise. Mr. Saswat Das, learned Additional Government Advocate very fairly submitted before this Court that since the school in question is a franchise school of M/s. Zee Learn Limited and the said Zee Learn Limited is granting franchise to several schools under the same name in the country, there is no difficulty in having more than one such school in Bhubaneswar where there is a huge requirement of public schools. He further contended that the Petitioner No.1-Trust has to apply for a fresh NOC for its school at Raghunathpur, Patia, Bhubaneswar before the Director of Secondary Education, Odisha. In the event such application is submitted along with requisite documents and subject to fulfillment of other eligibility criteria, the Director of Secondary Education, Odisha shall consider the application for grant of NOC to open a new school in the name of Mount Litera Zee School at Raghunathpur, Patia, Bhubaneswar. 9. Having heard the learned counsel for the respective parties and further taking into consideration their respective contentions and keeping in view the order passed today in // 7 // the connected matters, this Court in the larger interest of justice and to resolve the dispute deems it proper to dispose of the writ petition by directing the Petitioners to submit the application for grant of NOC in respect of Mount Litera Zee School at Raghunathpur, Patia, Bhubaneswar along with required documents within a period of three week from today. In the event such application is filed, the Opposite Party No.2-Director of Secondary Education, Odisha shall do well to consider the same as expeditiously as possible and grant NOC subject to fulfillment of other eligibility conditions by Petitioner No.1-Trust within a period of four weeks from the date of filing such application. The Opposite Party No.2 is further directed to act upon a certified copy of this order and shall do well to carry out the direction within the aforesaid time framed. 10. With the aforesaid observation and direction, this writ petition stands disposed of. Debasis ( A.K. Mohapatra ) Judge