The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No.762 of 2025 …. Appellant Managing Committee of Nakula Chandra Special School for Hearing Impaired and Nakula Chandra Special School for Visual Impaired and NGO, Angul -Versus- State of Odisha and others …. Respondents Advocates appeared in this case: For Appellant
Legal Reasoning
order passed by this Court in an earlier round of the litigation and in fact is an outcome of malice. It is arduously submitted that despite a specific direction passed by the writ Court in the earlier writ petition permitting the appellant to run the institution, they have not been permitted to do so and, therefore, the impugned letter is tainted with malice and issued with a malafide intention to subvert the right accrued in terms of the order passed in the earlier writ petition. Reference is also made to various provisions of the Rights of Persons with Disabilities Act, 2016 pertaining to the registration of the institution for the persons with disabilities to buttress the submission that the authorities cannot violate such mandates and act contrary thereto. 7. The sequel of events as narrated hereinabove evince that the said institution was managed and runned by the appellant being the Non-Government organization and complaints were lodged against them, not only by the employees but from the other quarters of the section of the societies which led the supersession of the management and the order in this regard was passed by the W.A. No.762 of 2025 Page 4 of 7 competent authority. Obviously, the appellant challenged the said
Arguments
: Mr. Dillip Kumar Mohapatra, Advocate For Respondents : Mr. Saswat Das, Additional Government Advocate CORAM: HON’ BLE THE CHIEF JUSTICE AND HON’BLE MR. JUSTICE MURAHARI SRI RAMAN J U D G M E N T ---------------------------------------------------------------------------------- Date of hearing and judgment: 8th May, 2025 ---------------------------------------------------------------------------------- HARISH TANDON, CJ. 1. A disgruntled litigant approaches the writ Court assailing the letter dated 8th November, 2024 issued by the Additional District Magistrate (ADM), Angul requiring certain materials W.A. No.762 of 2025 Page 1 of 7 and/or documents to be handed over for the purpose of the enquiry or the consideration to be taken in this regard. 2. Undeniably, the appellant was running the institution and subsequently, the management and the administration was taken over by the authorities on the basis of certain complaints and/or the allegations which were prima facie appear to have been substantiated. 3. The appellant challenged the same before this Court in W.P.(C) No.5509 of 2023 which came to be disposed of on 13th August, 2024 with the following directions: “9. In such view of the matter, this Court is of the view that the Petitioner should be given a chance and thorough inquiry should be done before passing a detailed order. Accordingly, while setting aside the Office order No.1346/SS issued by the learned Collector-cum-District Magistrate, Angul on 22.07.2021/Annexure-6 and the proceeding of the Managing Committee of Special School dated letter dated 25.01.2023 learned the 06.02.2023/Annexure-5 passed by District Social Security Officer, Angul, this Court directs the Opposite Party Nos.3 to 5 to permit the Petitioner to run the management of the School in question for the time being. communicated vide 10. This Court further directs the Collector-cum- District Magistrate, Angul to conduct the inquiry afresh and prepare a report. The said inquiry report be handed over to the present Petitioner and the Page 2 of 7 W.A. No.762 of 2025 Petitioner as well as all the parties concerned be provided with opportunity to put forth their position. Thereafter, a lawful order may be passed in terms of the provision at clause 11(7) of the Resolution No.532/2013-WCD dated 08.01.2013.” 4. It is thus manifest from the observations recorded in the above order that the appellant was permitted to run the said institution for the time being and the authorities were directed to make a fresh investigation and/or enquiry. The reason being that the earlier decision of the authorities was found to be in gross violation of the principle of natural justice, which is one of the fundamental facets in the judicial dispensation system in pursuit of rendering justice and, therefore, it can be reasonably inferred that the moment the fresh enquiry was directed, it has to be undertaken following the principles of natural justice. 5. Subsequently, the impugned letter dated 8th November, 2024 was issued, which is construed by the appellant to have impacted their rights crystalized in terms of the order dated 13th August, 2024 and approached the writ Court to quash and set aside the same. W.A. No.762 of 2025 Page 3 of 7 6. Mr. Mohapatra, learned counsel for the appellant vehemently submits that the said letter is intended to nullifying the
Decision
order in the writ petition which was quashed and set aside on the ground of violation of various provisions of law as well as the principles of natural justice with categorical observation that for the time being, the appellant may be permitted to run such institution. 8. Simultaneously, the order was passed to make a fresh enquiry and the impugned letter dated 8th November, 2024 issued by the ADM, not only repleting the direction of the Court that you have been permitted to run and in fact is continuing to run the said institution but is indicative of other facts that such continuance in managing and running the said institution is without any grant-in- aid and, therefore, you are directed to hand over certain materials as indicated therein to the department. 9. We do not find any incongruity and/or ambiguity in the said letter which would tantamount to subversion of the order of this Court in relation to the management and administration of the said institution is concerned, as the language employed therein is explicit and clear that the appellant is continuing to run the said W.A. No.762 of 2025 Page 5 of 7 institution. Whether the institution managed and administered by the appellant is with the grant-in-aid or without grant-in-aid is an issue to be decided to be taken up by the authorities to which we are not concerned with. 10. There is no other stipulation provided in the order passed in the earlier writ petition except to the extent as indicated hereinabove and, therefore, any requisition is made unconnected with the subject matter of dispute involved in the earlier writ petition, it is not open to the appellant to contend that the action of the authorities is in gross violation of the direction/order passed by this Court on 13th August, 2024. The letter neither undermined the authority of the appellant in continuing to run the said institution nor could be perceived to have impacted any right accrued in terms of the order passed by this Court on 13th August, 2024. 11. Since the authorities are in the process of making a fresh enquiry, which is also reflected in the impugned order, we do not find any reason to put any fetter in continuance thereof in terms of the order passed on 13th August, 2024 and, therefore, the ultimate decision taken by the learned single Judge cannot be faulted with. W.A. No.762 of 2025 Page 6 of 7 12. We do not find any ground warranting interference with the impugned order of the learned single Judge. 13. The appeal is thus dismissed. The connected applications, if any, are also dismissed. (Harish Tandon) Chief Justice (M.S. Raman) Judge S. Behera S.K. Behera Signature Not Verified Digitally Signed Signed by: SISIRA KUMAR BEHERA Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 09-May-2025 10:56:54 W.A. No.762 of 2025 Page 7 of 7