S. C. MOHAPATRA, J. ( 1 ) THIS is an application under Article 226 of the Constitution by the petitioner who claims to be continuing as the Member of the Managing Committee of an Aided Educational Institution governed under the Orissa Education Act, 1969 (hereinafter referred to as 'the Act') and the rules made thereunder. ( 2 ) CASE of the petitioner is that Ghagarbeda High School is a Private Educational Institution receiving aid from the State Government. In the year, 1985, the Managing Committee was constituted with the petitioner as a member thereof. The petitioner resisting the unholy combination of the President and Secretary of the Managing Committee and the Headmaster of the School in respect of their illegal acts, gave his dissenting opinions in resolutions dated 14-7-1986 and 11-8-1986 along with two other members. Thereafter, a resolution was passed on 24-10-1986, removing the petitioner from membership in exercise of the powers under Article 286 (5) of the Orissa Education Code (in short 'the Code') for having misconducted as provided in 287 (3) of the Code. Since he did not receive any notice subsequent to the resolution dated 24-10-1986, this writ application has been filed assailing the resolution and for consequential direction. ( 3 ) AT the stage of admission, notice was issued to the opposite parties on an interim direction for maintaining the status quo. A. counter-affidavit has been filed on behalf of the Managing Committee, asserting that the petitioner and the two other dissenting members were issued notice for the meetings dated 14-7-1986 and 11-8-1986 which they did not attend but after the resolutions were passed unanimously, the dissent was noted in the Resolution book on 20th August, 1986. They claimed that on account of misconduct in interpolating the Resolution Book of the Managing Committee, the removal of the petitioner under Article 286 (5) of the Orissa Education Code is justified. No counter-affidavit has been filed on behalf of the State of Orissa or Inspector of Schools-in this case. After the counter-affidavit was filed, when the writ application was listed for admission, with the consent of both the parties, the same was finally heard. ( 4 ) UNDISPUTEDLY, Resolution has been passed for removal of the petitioner from the Managing Committee by Resolution dated 24-10-1986. The question to be considered is whether the Managing Committee is vested with such power. ( 4 ) UNDISPUTEDLY, Resolution has been passed for removal of the petitioner from the Managing Committee by Resolution dated 24-10-1986. The question to be considered is whether the Managing Committee is vested with such power. ( 5 ) UNDER Section 7 (1) of the Act, every Private Educational Institution which is a School shall have a Managing Committee constituted in accordance with the rules made in that behalf. The Managing Committee is to exercise such power and perform such functions as may be prescribed as provided under Section 7 (3) of the Act. No rules as required under Section 7 (3) were made at the time the Act came into force on 15-10-1969. A transitory provision was made in Section 27 (4) of the Act that until rules are made, the rules contained in the Orissa Education Code so far as they are not inconsistent with the provisions of the Act or of the Constitution shall be deemed to be the Rules made under the Act. Till the Orissa Education Management of Private School, Rules 1980 (hereafter referred to as 'management rules') some of the provisions of the Orissa Education Code were thus, accepted as the rules. ( 6 ) SECTION VIII of the Orissa Education Code deals with the special rules for Aided Schools wherein the various Articles provide that the Director was competent to issue model rules of business for the Committees of Aided Schools. The model rules were to be adopted by the School authorities. There is no assertion in the counter-affidavit on behalf of the Managing Committee that the model rules were adopted by the school authorities at any time as required under those Articles. While considering Article 306 of the Code, a Division Bench of this Court in a decision reported in ILR 1971 Cut 997 (Brundaban Chandra Mohanty v. D. I. of Schools and others) observed :" Article 306 of the Code only provides that the rules for the constitution and term of office of Managing Committees contained in Article 286 of the Code should be adopted by the Managing Committees of Aided Schools subject to such modifications as the Director may approve. " ( 7 ) THUS, in the absence of any assertion, far less of any proof, the Managing Committee had no jurisdiction to exercise the powers under Article 286 (5) of the Orissa Education Code for violation of Article 287 (3) of the Code in the Resolution dated 24-10-1986 (Annexure-3 ). The same is without jurisdiction. ( 8 ) MR. G. A. R. Dora, the learned counsel for the Managing Committee (opposite party No. 3) submitted that till the rules of 1980 were made, as required under Section 7 (3) of the Act, the provisions in Articles 285, 286 and 287 were being followed to be the rules and therefore, those rules were adopted. He submitted that the 1980 Rules were not having similar provision as in Article 286 (5) or in Article 287 (3) and such thing continued to have the force of rule under Section 27 of the Act. I am of the firm view, the contention of Mr. Dora has no force since Section 27 (a) is only transitory in nature. Under Section 7 (3), a Managing Committee is to exercise such power and to exercise such functions as may be prescribed. Rule 9 of the Management Rules provides for the power and functions of the Managing Committee. Rule 11 provides that all rules corresponding to these rules and in force immediately before the commencement of the rules are repealed Even assuming that Articles 285, 286 and 287 were adopted by the Managing Committee and were the rules in force before commencement of the Management Rules, the powers and functions of the Managing Committee as detailed in Rule 9 supersede such powers. They would have no force after coming into force of the Management Rules. Such powers and functions of Managing Committees are to be limited to those provided for in the Management Rules. ( 9 ) THE Management Rules provide for disqualification for membership or continuance of membership and the circumstances where the membership shall cease. There is no power for removal of a member by resolution of the Managing Committee. If the management rules would have been carefully drafted by the rule making authorities, there would not have been any scope for Mr. Dora to make submissions. There is no power for removal of a member by resolution of the Managing Committee. If the management rules would have been carefully drafted by the rule making authorities, there would not have been any scope for Mr. Dora to make submissions. Since absence of care gives rise to misinterpretation, it is desirable that the management rules are carefully examined and suitably amended or substituted which would be for the benefit of the Educational Institution itself. ( 10 ) MR. Dora, the learned counsel for the Managing Committee submitted that in case the Managing Committee have no power to remove a member on account of his misconduct as reflected in this case, the Managing Committee cannot function. This submission of Mr. Dora cannot be accepted since Managing Committee is a body constituted under the statute which is given the powers under the Statute. Therefore, it is to exercise such power only as provided under the statute and in the manner as provided therein, the Director has been given ample power under Section 11 of the Act, for supersession and reconstitution of Managing Committee. Where on account of misconduct of one member, the Managing Committee is not able to function and becomes defunct, Rule 9a of the management rules provides for meeting the contingency. A Managing Committee is constituted under the management rules and the term of such Managing Committee is three years as provided in Rule 6 (1 ). Subject to the other rules providing for cessation of membership, the members are to continue for the entire term. ( 11 ) IN conclusion, notwithstanding the resolution of Annexure-3 dated 24-10-1986, the petitioner continues to be a member of the Managing Committee of the Ghagarbeda High School until his membership ceases in accordance with the management rules or other provisions of the Act and the Rules. ( 12 ) IN the result, the writ application is allowed. There shall be no order as to costs. ( 13 ) AGRAWAL, C. J. :- I agree. Application allowed.