2016 (3) TMI 1451

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....Bapujee Ashram Residential High School, Goradajhari was notified to receive grant-in-aid from the Government by virtue of the Notification No. 1933 dated 27.09.2008, thereby it is an aided educational institution within the meaning of Section 3(b) of the Orissa Education Act, 1969. The School in question was however managed by a Managing Committee as per the provisions contained under 1991 Rules. The last Managing Committee was reconstituted and approved by the Director, Secondary Education, Odisha, Bhubaneswar on 11.07.2002. Subsequently, the Managing Committee, headed by the petitioner, was also approved vide Office Order dated 19.01.2005. The term of the Managing Committee which has been approved on 11.07.2002, expired on 10.07.2005. When the School was notified to receive grant-in-aid in the year 2008, the Sub-Collector, Khorda nominated Sri Ghanashyam Sen as the President of the Managing Committee on 19.10.2009. Accordingly, the Managing Committee was reconstituted in terms of the Rule 28 of the 1991 Rules. Since no step was taken for approval of the reconstitution of the Managing Committee, the petitioner approached this Court by filing W.P.(C) No. 602 of 2010 and this Court ....

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....7 SCC 690 and D.N. Jeevaraj v. Chief Secretary, Govt. of Karnataka & Ors., 2016 (I) OLR (SC) 179. 4. Mr. A.K. Pandey, learned Standing Counsel for School and Mass Education Department, supporting the reconstitution of the Managing Committee stated that the same has been constituted in conformity with the provisions contained in Rule 28 of the 1991 Rules and the Inspector of Schools has not acted on the basis of the recommendation made by the Headmaster-in-charge of the School, Sri Sarat Kumar Mohapatra, rather, Letter No. 3014 dated 05.11.2013 to which reference has been made in the order impugned dated 08.09.2014 under Annexure-4, has not been produced before this Court nor has it been referred to in the writ petition to substantiate the allegation. Therefore, the same amounts to suppression of facts. The petitioner having not come to the Court with clean hand, the writ petition at his instance cannot sustain. The order impugned indicates that action has been taken on the basis of Letter no. 3014 dated 05.11.2013 of the District Education Officer, Khurda. The same having not been produced and without disclosing the contents thereof, the contention raised that the District Educati....

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....number of person or persons from any of the category is not available the vacancy may be filled up by person, or persons belonging to any other category. (e) The Headmaster or the teacher-in-charge of Headmaster of the school in his ex-officio capacity. (f) Senior most trained graduate teacher of the School. Note - The M.L.A., Chairman of the Municipality or the Notified Area Council shall be at liberty to nominate a person each to represent him, to the Managing Committee and the person. So nominated shall enjoy office during his pleasure. (2) The Headmaster of the school or the teacher in-charge of Headmaster shall be the Secretary of the Managing Committee in his ex-officio capacity. (3) The Sub-Collector shall nominate the President from among the members specified in Clause (a) to (d) of Sub-rule (1). (4) The Inspector shall take all necessary steps to reconstitute the Managing Committee in respect of aided High School and of any such School which becomes aided. (5) The Managing Committee reconstituted with the office bearers and members on its approval by the prescribed authority, as notified under Clause (m-1) of Section 3 of the Act shall be communicated to the....

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....in view of the fact that though he has to take all necessary steps for reconstitution of the Managing Committee, but that has to be done independently with due application of mind and not on the basis of the proposal of the senior most Teacher of the School and consequentially the approval having been made by the Director, Secondary Education, Odisha, Bhubaneswar, the same suffers from non-application of mind by the District Education Officer. The 1991 Rules having been framed under the Rule making power under Orissa Education Act, 1969, has got its own statutory force and therefore, the authority has to act in adherence to the provisions contained under the 1991 Rules and for any deviation thereof, consequential order cannot sustain in the eye of law. 12. In Purushottam (supra) the Apex Court held that the Rules are framed for dealing in detail with myriad situations that may manifest themselves, for the guidance of the authority concerned. Rules must, therefore, be interpreted in a manner which would repose them in harmony with the parent statute. Therefore, non-compliance of the same was held to be ultra vires. 13. In Zuari Cement Limited (supra), the Apex Court held that it i....