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Issues: Whether the nomination of the President of the Governing Body under Rule 27 of the Orissa Education (Establishment, Recognition, Management of Private Junior Colleges/Higher Secondary Schools) Rules, 1991 was sustainable in the absence of relevant consideration of the nominee's suitability and the educational interests of the institution.
Analysis: Rule 27 empowers the Government to nominate a President with the object of promoting an academic environment in the institution. The expression used in the rule is intended to advance educational interests, and the Court emphasized that the nominating authority must act with due regard to the institution's educational atmosphere and the suitability of the person selected. On the material placed before it, the Court found no real discussion or basis in the file to justify the nomination. The selection appeared to have been made without consideration of relevant factors bearing on the institution's interests.
Conclusion: The impugned nomination was held unsustainable and was quashed to that extent.
Ratio Decidendi: A nomination under Rule 27 must be made on relevant and reasoned consideration of the institution's educational interests and the suitability of the nominee; an administrative nomination made without such consideration is liable to be quashed.