The High Court
Case Details
Order No. 1. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No . 25027 of 2024 Managing Committee of Siksha Sadan, Saintala, Balangir …. Petitioner Represented by Mr. D.N. Rath, Advocate State of Odisha and Others …. -Versus -
Legal Reasoning
Opp. Parties Represented by Mr. S.N. Patnaik, AGA CORAM: JUSTICE SASHIKANTA MISHRA ORDER_ 05.10.2024 1. This matter is taken up through hybrid mode. 2. This matter was not in the today’s list. On being mentioned, it was taken up having regard to the urgency involved as per the Special Notice published by the Registry. 3. Heard Mr. D.N. Rath, learned counsel for the petitioner- Institution and Mr. S.N. Patnaik, learned Addl. Government Advocate for the State. 4. The petitioner’s institution has approached this Court seeking the following relief:- “Under the above circumstance, it is therefore humbly prayed that this Hon'ble Court may be graciously pleased to issue a writ in the nature of writ of mandamus or any other appropriate writ, direction or order by directing the opposite party Nos. 5 and 5 to allow the students of the petitioner's institution, who are 78 in number who are continuing in Class-IX to enroll their names through online with the Board of Secondary Education by accepting the requisite fees Page 4 of 4 the prescribed period
Decision
the within notification dated 26.09.2024 under Annexure-7 to the writ petition. terms of in And this Hon'ble Court be further pleased to direct the opposite party no.2 to place the matter of the grant of recognition of the petitioner's institution before the opposite party no.7 and the opposite party no.7 may be directed to take a decision for grant of recognition in favour of the petitioner's institution within a stipulated period, so that the students of the petitioner's institution will not put to sufferings in appearing in High School Certificate Examination 2026. And this Hon'ble Court be pleased to pass any further order/orders, direction/directions as this Hon'ble Court deems fit and proper in the facts and circumstances of the case. And for this act of kindness, as in duty bound, the petitioner shall ever pray.” 5. The case of the institution is that application for grant of recognition was taken by it by taking all necessary steps. The District Education Officer, Balangir forwarded all the relevant documents of the school to the Director for consideration. The High Power Committee however held that the question of recognition will be considered when the school has its own land and building as prescribed by Odisha Education Act and Rules. As per Sub-Section 9 of Section 6 of the Odisha Education Act. that “9. Where a private educational institution has not fulfilled the conditions for recognition in regard to land, building and furniture but the Committee is it has made reasonably adequate satisfied imparting provisions education, temporary recognition for a period not exceeding one year at a time and not exceeding [seven years] in aggregate. The application for extension of temporary recognition shall be made and considered in the same manner as for accommodation and to grant it may decide Page 4 of 4 an application for recognition and no extension of temporary recognition shall be granted unless the Committee is satisfied that applicant has taken reasonable measures to fulfil the conditions for recognition and that there has been no deterioration in the standard of facilities during the year for which temporary recognition was granted: [Provided that any private educational institution which has received temporary recognition for a period of five years or more prior to the commencement of the Odisha Education (Amendment) Act, 2000, but has not been recognised, may be granted temporary recognition for a period not exceeding one year at a time and two years in the aggregate after such commencement so as to enable the for fulfil all institution recognition.]” the conditions to 6. Therefore, it is clear that temporary recognition can also be granted to an institution, which does not have its own land and building, for a period of one year. After passing of the final order by the High Power Committee, the matter has been again referred to the Director by the District Education Officer along with all relevant documents on 08.08.2024. It is stated at the bar that no action has been taken in the matter till date. In the meantime, a notification has been issued by the Board of Secondary Education, Odisha on 26.09.2024 for enrolment of the students of Class-IX for the High School Certificate Examination to be held in 2026. 7. It is submitted by Mr. Rath, learned counsel for the petitioner that because of non-consideration of the petitioner intuition’s case for grant of temporary recognition, the career of 78 students of the institution studying in Class-IX would be adversely affected as they would be debarred from appearing in the High School Certificate Examination to be held in the year 2026. It goes without saying that the career of students cannot be allowed to be Page 4 of 4 affected for the inaction of the authorities concerned. 8. Considering the above facts, the writ petition is disposed of directing the Secretary to the Government in Department of School and Mass Education to take immediate steps for convening the High Power Committee to consider the case of the petitioner’s institution for grant of temporary/permanent recognition in accordance with law for Class-IX. A decision in this regard by the High Power Committee so convened shall be taken within four weeks from today. In the meantime, having regard to the fact that the last date for receipt of fees for enrollment of Students of Class- IX as per notification dated 26.09.2024 is 09.10.2024, this Court directs that the deposit to be made by the petitioner’s institution for 78 students of Class-IX shall be accepted without prejudice to the decision of the High Power Committee as mentioned above. 9. Urgent certified copy of this order be granted on proper application. (Sashikanta Mishra) Judge BC. Tudu Signature Not Verified Digitally Signed Signed by: BHIGAL CHANDRA TUDU Reason: Authentication Location: Orissa High Court, Cuttack Date: 07-Oct-2024 16:39:44 Page 4 of 4