The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.12796 of 2016 AND CONTC No.2085 of 2019 W.P.(C) No.12796 of 2016 1. Barapada School of Engineering & Technology, BSET Society, At/PO- Barapada, Dist- Bhadrak, presently functioning at its Liaison Office, A/56, Pallaspalli, Bhubaneswar-20, represented through its President, Sri Prayas Kanti Samal 2. Shri Prayas Kanti Samal, aged about 40 years, S/o- Pradip Samal, At/PO- A-56, Palaspalli, Bhubaneswar-20, District- Khurda …Petitioners -Versus- 1. State of Odisha, represented through the Principal Secretary, the Department of Skill Development and Technical Education, Government of Odisha, Orissa Secretariat, Bhubaneswar, Odisha 2. The Minister of State (Independent Charge), Food Supplies & Consumer Welfare, Skill Development & Technical Education, Government of Odisha, Orissa Secretariat, Bhubaneswar, Odisha …Proforma Opposite Party W.P.(C) No.12796 of 2016 & CONTC No.2085 of 2019 Page 1 of 15 3. The Vice Chancellor, Biju Patnaik University of Technology (BPUT) Rourkela, Orissa, Jail Road, Rourkela- 769004, Dist- Sundargarh 4. The All India Council of Technical Education (AICTE), 7th Floor, Chandralok Building, Janpath, New Delhi- 110001 5. 6. The Collector, Bhadrak, District- Bhadrak The Superintendent of Police, Bhadrak 7. The Director of Technical Education and Training (DTET), Govt. of Odisha, Killa Maidan, Cuttack- 753001 8.
Legal Reasoning
Srikanta Mohapatra, aged about 45 years, S/o- Dibakar Mohapatra, At- Narasinghpur, PO- R.N. Betra, PS/Dist- Bhadrak, presently functioning as staff representative of Interim Committee constituted by the State of Odisha to manage the Barapada School of Engineering and Technology (BSET/BIET), At/PO- Barapada, Dist- Bhadrak …Opposite Parties CONTC No.2085 of 2019 Srikanta Mohapatra, aged about 50 years, S/o- Late Dibakar Mohapatra, At- Narasinghpur, PO- R.N. Betera, PS/Dist- Bhadrak -Versus- …Petitioner Page 2 of 15 W.P.(C) No.12796 of 2016 & CONTC No.2085 of 2019 Sri Payash Kanti Samal, President, Barapada School of Engineering and Technology, B.S.E.T. Society, At/PO- Barapada, Dist- Bhadrak, presently functioning at its Liaison Office. …Contemnor Advocates appeared in these cases: W.P.(C) No.12796 of 2016 For the Petitioners : Mr. S.P. Misra, Senior Advocate Mr. Aswini Patnaik, Advocate For the Opposite Parties : Ms. Aishwarya Dash, Additional Standing Counsel for State Mr. Jagannath Patnaik, Senior Advocate Ms. Soma Patnaik, Advocate Mr. B.S. Rayaguru, Central Government Counsel CONTC No.2085 of 2019 For the Petitioner : Mr. Jagannath Patnaik, Senior Advocate Ms. Soma Patnaik, Advocate For the Opposite Party : Mr. S.P. Misra, Senior Advocate Mr. Aswini Patnaik, Advocate CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MISS JUSTICE SAVITRI RATHO JUDGMENT 05.12.2024 W.P.(C) No.12796 of 2016 & CONTC No.2085 of 2019 Page 3 of 15 Chakradhari Sharan Singh, CJ. It is asserted in the present writ petition filed under Article 226 of the Constitution of India that Barapada School of Engineering and Technology (BSET) Society is a society registered under the Societies Registration Act, 1860. Petitioner No.2 claims to be the President of the said Society. It is further asserted in the writ petition that an educational institution was established by the Society in the year 1959-60 for running a Diploma school which received the approval and permission from the All India Council of Technical Education (AICTE) and the Director of Technical Education and Training (DTET) to run the diploma courses in engineering and technology. The constituent units of the society, according to the petitioners, have also been granted approval for starting MCA and MBA courses. 2. Considering the nature of grievance raised in the present writ petition, we are not required to enter into all factual details, as have been
Decision
asserted in the writ petition and other pleadings. 3. The gist of the case is that petitioner No.1 is a private society which claims to be running certain technical courses. It is evident from the pleadings in the writ petition that there are serious disputes between the W.P.(C) No.12796 of 2016 & CONTC No.2085 of 2019 Page 4 of 15 Management and the teaching and non-teaching employees of the institution(s) running by the Society. 4. The petitioners have put to challenge a letter dated 16.02.2016, addressed by the Collector, Bhadrak to the Principal Secretary, Skill Development & Technical Education Department, Bhubaneswar, which reads thus: “Sub: Regarding implementation of the instructions communicated vide Deptt. Letter No.713 dtd. 5.02.2016 arising out of the minutes of the meeting held on dt. 21.01.2016. Sir, In inviting a reference to the subject cited above, I am to say that on receipt of the minutes of the meeting held on 21.01.16 & two Representations communicated by Under Secretary vide his letter No.740 dtd. 8.02.16, the matter was communicated to the Principal, BIET & Member of Interim Committee Sri Srikanta Mohapatra vide this Office letter No.108 dtd. 11.02.16. As a follow up, the staff of BSET Group of Institution comprising of 300 staff members approximately held a demonstration in front of Collectorate Main Gate on 15.02.2016 and submitted a memorandum (copy enclosed) in protest against instructions communicated through the minutes. implementation of the the It is felt that if the instructions are implemented in such a situation, it may trigger to a law and order problem in the campus premises disrupting peace, tranquility & academic environment. W.P.(C) No.12796 of 2016 & CONTC No.2085 of 2019 Page 5 of 15 the that In order to resolve the issue in a peaceful manner, a reconciliation meeting at Govt. level involving the staff representatives is essential. Moreover it may please be interim committee headed by appreciated Collector has managed the institute for last six months, reviving the institute to its usual momentum with a lot of involvement. To ameliorate the extra burden given to the District Administration, an alternate arrangement may please by thought upon like entrusting the management to a suitable officer of SD&TE Deptt., leaving aside the law & order problems to the District Administration. In the circumstances above it is requested that Hon’ble Minister, SD&TE Deptt., may kindly be appraised of the situation & necessary instruction may be issued keeping in view the emerging scenario as a follow up to post 21st January meeting.” 5. The said order of the Minister of State (Independent Charge), Food Supplies & Consumer Welfare, Skill Development & Technical Education, Government of Odisha has been brought on record by way of Annexure-21 to the writ petition, which was passed in the light of an order passed by this Court in W.P.(C) No.15823 of 2015. 6. It is the petitioners’ case that when the college was managed by the BSET Society, certain disturbances had taken place because of the dispute between the Management and the staff who had gone on indefinite strike for non-payment of salary. The dispute between the Management and the employees had reached the Collector and, subsequently, the State W.P.(C) No.12796 of 2016 & CONTC No.2085 of 2019 Page 6 of 15 Government. The Government had later appointed an Interim Committee under the Chairmanship of the Collector, Bhadrak. 7. Alleging non-implementation of the directions of the State Government, the Society filed a writ petition giving rise to W.P.(C) No.15823 of 2015, which was disposed of with an observation that the petitioners could approach the State Government for the said purpose. When the petitioners approached the State Government, the Minister of State (Independent Charge), Food Supplies & Consumer Welfare, Skill Development & Technical Education, Government of Odisha, after hearing the stake-holders, passed a final direction dated 21.01.2016, mention of which finds place in the impugned letter dated 16.02.2016, as has been noted above. The relevant portion of the decision dated 21.01.2016 is being reproduced hereunder:- the communication gap between “The role and responsibility of the interim committee is to abridge the management and staff in order to bring normalcy in the institution but the interim committee has not been mandated to interfere the affairs as regards the policy matter of the institution. After due consultation with the Principal Secretary, SD & TE Deptt., Director, TE&T and Addl. Secretary, Law Deptt., the interim committee is advised to ensure the following actions namely: W.P.(C) No.12796 of 2016 & CONTC No.2085 of 2019 Page 7 of 15 1. The arrear salary of teaching and nonteaching staff of BSET from March, 2015 to June, 2015 be released within four months depending on the financial situation of the institution along with the regular salary from March, 2016. 2. Liaison Office at Bhubaneswar will continue to function with the existing staff and the expenditure should not exceed 7 lakhs per annum. 3. The newly contractual appointments of faculty members must be reviewed by the Collector. As this action interferes the power of governing body, the members of the said governing body should be invited while reviewing the appointments made. 4. While discharging the statutory powers, the Chairman of the interim committee should clearly sign and mention to the extend of chairman of the interim committee only and the columns specifically ear marked for President/Chairman/Director of the Society should remain blank. In case of exigency the same should be get it signed from the specific persons as indicated in the columns. 5. The Addl. Secretary, Law Deptt. Opined that the interim committee should be reconstituted and 3-4 Members of the society be included in the committee. The present committee enters into the jurisdiction of the Governing Body, its function should be in routine nature. 6. ………. 7. Principal Secretary, SD &TE Deptt. observed that the whole objective of the interim committee was to maintain normalcy, resumption of the classes and payment of salary. Once the normalcy has been maintained the functioning of the interim committee is to be seized/dissolved and the affairs are to be dealt W.P.(C) No.12796 of 2016 & CONTC No.2085 of 2019 Page 8 of 15 by the Governing Body of the society. The collector should work in these lines. xxx xxx xxx” 8. The Collector, however, issued the said letter on 16.02.2016, raising issues of law and order problems in the campus premises of the institution disrupting peace, tranquility and academic environment, if the instructions contained in the decision dated 21.01.2016 were to be implemented. The Additional Secretary to the Government, SD&TE Department, responding to the impugned communication dated 16.02.2016, opined that the proposal of the Collector, Bhadrak to involve suitable officer of the department to run the institute was a matter of impossibility and that clearly revealed inability of the Collector, Bhadrak to run the District as well as BSET College. The Additional Secretary further observed that BSET was a private technical institution and, therefore, let the affairs of the institute be looked after by the Governing Body of the BSET Society. 9. The staff representative of the Interim Committee constituted by the State of Odisha to manage BSET; viz. Srikanta Mohapatra was permitted to be impleaded as Opposite Party No.8 in the present writ petition. A plea was taken on behalf of opposite party No.8 that the Minister, SD&TE Department had passed the order dated 21.01.2016 without hearing all the W.P.(C) No.12796 of 2016 & CONTC No.2085 of 2019 Page 9 of 15 stake-holders, particularly, the members of the Interim Committee were appointed pursuant to resolution dated 18.08.2015. A plea has been taken in the present writ petition on behalf of opposite party No.8 that BSET Society had approached the Chief Minister of Odisha on 17.08.2015 by way of representation wherein, the Society had admitted that despite best efforts, it could not control and manage the institution which had completely come to a standstill condition without any prospect of revival. It is the case of opposite party No.8 that BSET Society is incapable of handling the affairs of the institution. 10. When this matter was taken up by a coordinate Bench of this Court on 19.02.2019 on the point of grant of interim relief, this Court had opined in its order that the Interim Committee could not be allowed to continue for all times to come. This Court found that the observation made by the Additional Secretary, SD&TE Department in his note dated 01.03.2016 after receiving the impugned communication from the Collector, Bhadrak was just and proper. This Court, upon considering the materials on record, made the following observation: “xxx xxx xxx Therefore, pending consideration of the writ petitions, it is directed that, as decided by the Government, BSET W.P.(C) No.12796 of 2016 & CONTC No.2085 of 2019 Page 10 of 15 Society shall manage all the affairs of the institution with the following conditions: (1) It must maintain proper law and order situation in the institution. (2) Monthly salary of the staff/teachers shall be released on or before 7th day of every month. (3) The Audit statements of the institutions will be submitted to the Government every year. incident happens, If any untoward (4) the management will not take any action of its own without filing a complaint as per law before the Police authority and in case of requirement it may final approach decision/passing any order against the person(s) who acted against the interest of the institution. this Court before taking any Collector, being subordinate to the State Government, even if he has been appointed as the Chairman of the Interim Committee, propriety demands that he must obey the instruction/order of the Government. In that view of the matter the Collector, Bhadrak shall take necessary steps to handover the charge to the BSET Society within four weeks. It is made clear that the aforesaid decision is subject to final outcome of the writ petitions. xxx xxx xxx” 11. Alleging disobedience of the interim order dated 19.02.2019 of this Court, opposite party No.8 has filed the above mentioned contempt petition. It has been alleged in the contempt petition that despite specific interim order, the opposite party (Collector) failed to maintain proper law W.P.(C) No.12796 of 2016 & CONTC No.2085 of 2019 Page 11 of 15 and order situation in the institution. Further, there was clear direction to pay monthly salary to the staff/teachers to be released on or before 7th Day of every month, which was not being complied with. The salary for the months of September 2019 and October 2019 had not been released till the date of filing of the contempt petition. Statutory dues, like EPF, ESIC, etc., had not been deposited despite deductions made from the salary of the staff. There are numerous allegations made in the contempt petition against the Collector in relation to improper management of the institution. 12. An affidavit has been filed in the contempt case on behalf of the BSET Society/ Prayas Kanti Samal. It has been stated that due to compelling situation of low accumulation of tuition fees from the students, payment of salary was delayed beyond the date fixed by this Court. There is explanation in the show-cause reply that the delay in releasing the salary is because of financial crisis which started from the year 2012-13 against the intake capacity of 540, only 220 students were admitted for the B. Tech course and against the intake capacity of 510, only 281 students were admitted in the Diploma course. In the subsequent years, due to drastic fall in the admissions, the financial crisis continued adding more financial burden affecting the payment of salary to the staff. W.P.(C) No.12796 of 2016 & CONTC No.2085 of 2019 Page 12 of 15 13. An interlocutory application vide I.A. No.14721 of 2024 has been filed in the present proceeding stating therein that after the Collector, Bhadrak had handed over the charge of management to the President, BSET Society, the institution was being managed smoothly, barring some disruption. But suddenly, on 21.08.2024, few staff went for unlawful strike, protest and indulged in the acts of vandalism inside the institution. They are not allowing the Principal to work. Following interim reliefs have been sought for in the I.A. No. 14721 of 2024:- “A. Direction may be passed for an independent recent status report in the context of the illegal strike, vandalism from the concerned District Administration. B. Allow the BSET Society to initiate departmental in alleged the staffs proceedings against vandalism, anti-institutional activities vis-à-vis have gone against the interest of the institution (an unaided private technical institution) causing serious law and order problem. involved C. Further direction may be passed in the event if the charge-sheet reveals any act of misconduct/vandalism an impartial departmental enquiry be conducted against these specific staffs as per the charge-sheets by the BSET Society or any Officer/Authority be appointed by the Hon’ble Court to conduct a fair enquiry by giving opportunity of hearing to both parties and submit its findings before this Hon’ble Court within a time frame to be specified by the Hon’ble Court and based upon the findings the Hon’ble Court may proceed accordingly in the best interest of the institution. W.P.(C) No.12796 of 2016 & CONTC No.2085 of 2019 Page 13 of 15 D. Further direct the Opp. Parties No.5 & 6 to take emergent steps to oversee for students to attend regular classes, semester examinations, Principal and willing staffs for (ingress & egress) into the institution, allow the Principal to discharge his duties and responsibilities at the Principal’s office, allow the staffs of accounts office/section to discharge their respective duties for receiving collection of tuition & other statutory fees, disbursement of salary and release of statutory payments/deposits towards examination fees, statutory audit of accounts of BSET Society and its institutions & etc. E. Further direct the Opp. Parties No.5 & 6 to take emergent steps to disburse the unlawful strike, protest away from the institution at least 500 meters away from the main entrance gate of the institution, allow the rights of passage/access/ingress & egress of students and willing staffs to discharge their assigned duties and responsibilities loyally and faithfully (teaching & non- teaching) technical institution education and related activities, allow the access of vehicles like college buses or two wheelers, bicycles and other mode of transports. four wheelers, impart into the to F. Further direct police/law and order authorities under the Opp. Parties No.5 & 6 to oversee smooth functioning of the institution.” 14. From the conspectus of the facts emerging from the assertions made in the writ petition, contempt petition and the counter pleadings, it can be easily discerned that the dispute is in relation to a privately managed institution. The petitioners have the grievance against its employees and the employees have grievance against the Management. Such dispute, in our considered opinion, need not be entertained in the present proceeding W.P.(C) No.12796 of 2016 & CONTC No.2085 of 2019 Page 14 of 15 under Article 226 of the Constitution of India. The parties may avail their remedies before appropriate forum under appropriate provision of law. According to the petitioners, it is not able to manage its affairs and pay salary to its employees. The employees are agitating against the Management. In such situation, this Court’s intervention, to resolve the dispute between the Management and its employees in writ jurisdiction, is not at all desirable. 15. We make it clear that the parties shall be at liberty to ventilate their grievances before appropriate forum under appropriate provision of law. We decline to exercise our extraordinary jurisdiction under Article 226 of the Constitution of India for smooth functioning of a privately managed institution which has failed to manage its affairs. 16. With the above observations, this writ petition is dismissed. The contempt proceeding stands dropped. The interlocutory applications, if any, stand disposed of. Chief Justice (Chakradhari Sharan Singh) (Savitri Ratho) Judge S. Behera W.P.(C) No.12796 of 2016 & CONTC No.2085 of 2019 Signature Not Verified Digitally Signed Signed by: SUMANTA BEHERA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 09-Jan-2025 10:56:11 Page 15 of 15