Mandatory statutory procedure for school committee reconstitution requires independent authority action; mechanical approval is unsustainable.

Rule 28 of the Orissa Education (Establishment, Recognition and Management of Private High Schools) Rules, 1991 requires reconstitution of an aided high school Managing Committee through the prescribed statutory process, including the Headmaster or teacher-in-charge as ex officio Secretary, nomination of the President by the Sub-Collector, and active steps by the Inspector. The provision imposes an independent duty on the competent authority and does not allow mechanical approval of a proposal forwarded without application of mind. Where the approval process is not the product of the required statutory exercise, the resulting approval is unsustainable and may be quashed, with the matter remitted for fresh action in accordance with the rules.

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Issues: Whether the reconstitution and approval of the Managing Committee of the aided high school complied with Rule 28 of the Orissa Education (Establishment, Recognition and Management of Private High Schools) Rules, 1991, and whether the impugned approval order was sustainable in law.

Analysis: Rule 28 requires reconstitution of the Managing Committee of an aided high school in the manner prescribed in sub-rule (1), with the Headmaster or teacher-in-charge as ex officio Secretary under sub-rule (2), the Sub-Collector to nominate the President under sub-rule (3), and the Inspector to take all necessary steps for reconstitution under sub-rule (4). The statutory scheme places an independent duty on the Inspector and does not permit a mechanical transmission of a teacher's proposal without application of mind. The record showed that the proposal forwarded for approval was not the product of an independent statutory exercise by the competent authority, but was acted upon from the proposal originating with the senior-most teacher, which amounted to non-compliance with the mandatory procedure.

Conclusion: The impugned approval of the reconstituted Managing Committee was held unsustainable and was quashed, and the matter was remitted to the District Education Officer, Khurda for fresh submission of proposal in accordance with Rule 28(4).

Final Conclusion: The writ petition succeeded to the extent that the challenged administrative approval was set aside and the competent authority was directed to undertake the reconstitution afresh in conformity with the governing rules.

Ratio Decidendi: When a statute prescribes the manner in which a public authority must act, the authority must follow that procedure strictly and exercise its own independent mind; a decision taken without such compliance is liable to be quashed.

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