The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.27053 of 2023 Gayatri Science Higher Secondary School, Balangir …. Petitioner Mr. S.K. Dash, Advocate -versus- State of Odisha and another …. Opposite Parties
Legal Reasoning
Mr. S. Das, A.G.A. JUSTICE A.K. MOHAPATRA CORAM: Order No.
Decision
ORDER 22.08.2023 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the petitioner as well as learned counsel for the State. Perused the writ application as well as documents annexed thereto. 3. The present writ petition has been filed by the petitioner with the following prayers: “It is therefore, prayed that this Hon’ble Court may graciously be pleased to admit this writ application, issue RULE NISI to the opposite parties, calling upon them to show cause as to why the withdrawl of recognition in respect of the additional seats as indicated under Annexure-4 to the writ petition shall not be quashed and if the opposite parties fail to show cause or show insufficient cause, to make the said RULE absolute, by directing the opposite parties, to allow the the to admit petitioner-institution additional seats in Science and to pass such other order or further writ(s)/order(s) or direction(s) as the Hon’ble Court, may deem fit and proper, in the facts and the students in // 2 // circumstances of the case.” 4. It is submitted by learned counsel for the petitioner that being aggrieved by the conduct of the Opposite Parties in reducing the sanctioned students strength of the petitioner Higher Secondary School from 224 to 160 in the Science Stream under Annexure-4, the petitioner has approached this Court by filing the present writ application. 5. Learned counsel for the petitioner, at the outset, submitted that the Opposite Parties have unilaterally reduced the sanctioned students strength in gross violation of the principles of natural justice which was lawfully sanctioned in favour of the petitioner school. It is further contended that the conduct of the Opposite Parties is also contrary to the decision of the High Power Committee. In the aforesaid context, learned counsel for the petitioner drawing attention of this Court to the judgment in the case of AIMS Higher Secondary School of Science vrs. State of Odisha and others in W.P.(C) No.21732 of 2023 decided on 31.07.2023, submitted before this Court that the facts of the present case are identical to the facts involved in the above noted case. Learned counsel for the petitioner further contended that in the above noted case, this Court vide judgment dated 31.07.2023 while holding that the action of the Opposite Parties in unilaterally reducing the sanctioned students strength was illegal and arbitrary, directed the Opposite Parties to make necessary corrections in the number of seats as reflected in the SAMS Portal of the Government against the petitioner institution by adding the seat deducted by virtue of impugned order. 6. Learned Additional Government Advocate, on the other hand, submitted that pursuant to the decision of the High Power Committee // 3 // initially seats were enhanced during the Covid-19 period and now the same is being reduced pursuant to the decision of the High Power Committee. Learned Additional Government Advocate further contended that pursuant to the decision of the High Power Committee which has taken an informed and conscious decision in the matter the opposite parties have decided to reduce the sanctioned strength of many institutions in the State. He further contended that since the petitioner is claiming that the case of the petitioner is covered by the ratio in the case of AIMS Higher Secondary School of Science vrs. State of Odisha and others(supra), then this Court may direct the petitioner to approach the Opposite Party No.2 along with the copy of the judgment dated 31.07.2023 and in such event, Opposite Party No.2 may also be directed to consider the case of the petitioner in accordance with law and in the light of the judgment in the case of AIMS Higher Secondary School of Science vrs. State of Odisha and others(supra) within a stipulated period of time. 7. Considering the submissions made by learned counsels for the respective parties, on a careful examination of the background facts of the present case and keeping in view the judgment in the case of AIMS Higher Secondary School of Science vrs. State of Odisha and others in W.P.(C) No.21732 of 2023 decided on 31.07.2023, this Court deems it proper to dispose of the writ petition by directing the petitioner to approach the Director of Higher Secondary Education, Odisha, Bhubaneswar-Opposite Party No.2 along with certified copy of this order as well as a copy of the judgment dated 31.07.2023 in the case of AIMS Higher Secondary School of Science vrs. State of Odisha and others (supra) within a period of one week from today. In the event the petitioner approaches before the Opposite Party No.2 in the manner as has been directed // 4 // hereinabove, the Opposite Party No.2 shall do well to consider the case of the petitioner strictly in accordance with law and keeping in view the judgment of this Court in the above noted case within a period of one week from the date the petitioner approaches the Opposite Party No.2. The Opposite Party No.2 is further directed to dispose of the grievance of the petitioner by passing a speaking and reasoned order strictly in accordance with law in term of the direction as has been given in the case of AIMS Higher Secondary School of Science vrs. State of Odisha and others (supra). The Opposite Party No.2 shall take a final decision before 2nd phase of admission process gets over and accordingly, the number of seats shown in the SAMS Portal be corrected in terms of the judgment in the case of AIMS Higher Secondary School of Science vrs. State of Odisha and others (supra). Decision so taken shall be communicated to the petitioner forthwith. 8. With the aforesaid observation/direction, the writ petition stands disposed of. Urgent certified copy of this order be granted on proper application in course of the day. A free copy of this order be handed over to the learned counsel for the State for communication and compliance. ( A.K. Mohapatra ) Judge Jagabandhu Signature Not Verified Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Secretary-in-Charge Reason: Authentication Location: OHC, CUTTACK Date: 28-Aug-2023 10:59:29