P. K. MOHANTY, J. ( 1 ) THE petitioner is the Managing Committee of Rameswar Girls' High school, Brahmanbadi in the district of Jagatsinghpur, an unaided educational institution within the meaning of Section 3 (p) of the Orissa education Act, 1969 represented through its Headmistress and assails the order of the Inspector of Schools, Jagatsinghpur dated 7-6-2003 asking the Headmaster of R. K. Bidyamandir to conduct an enquiry into the alleged mismanagement of the institution and if necessary to convene a General Body meeting for election of new members of the managing Committee, copy of which is Annexure-4. Prayer is also made for a direction commanding the opposite parties to allow the present Managing Committee constituted with the approval of the director, Secondary Education in Annexure-1 till completion of its full term, i. e. 8-4-2005. ( 2 ) THE brief facts of the petitioner's case are that Rameswar Girls' High school at Brahmanbadi in the district of Jagatsinghpur is a recognized educational institution within the meaning of Section 3 (p) of the Orissa education Act, 1969. Its Managing Committee was approved by the director, Secondary Education, Orissa vide office order dated 9-4-2002 for a period of three years, copy of which is Annexure-1. It is alleged that at the instance of Shri Debashis Samantray, the local M. L. A. , his nominee one Prahlad Patra pressurized the members of the Managing committee to tender resignation with a view to have the Managing committee reconstituted according to his choice. The said Shri Patra who is a very influential person in the locality along with some miscreants forced the members of the Managing Committee, namely, prabodh Chandra Dass, Niranjan Das, Amiya Samal and Jadunath parida to tender resignation from the membership of the Managing committee. In such background; the aforesaid four members of the managing Committee were forced to resign but it is alleged that subsequently they lodged FIR in Tirtol Police station and the matter was also brought to the notice of the Inspector of Schools, jagatsinghpur. In such background; the aforesaid four members of the managing Committee were forced to resign but it is alleged that subsequently they lodged FIR in Tirtol Police station and the matter was also brought to the notice of the Inspector of Schools, jagatsinghpur. The Headmistress of the school vide her letter No. 193 dated 2-7-2003 (Annexure-3) intimated the Inspector of Schools of the situation but in spite of such letter, the Inspector of Schools in his letter dated 7-6-2003 at the instance of the local M. L. A. appointed the headmaster of R. K. Bidyamandir, Katara to act as enquiring officer and convene a General Body Meeting for reconstitution of the managing Committee vide Annexure-4. It is further stated that the enquiring officer has already suggested a panel of names for reconstitution of the Managing Committee to the Inspector of Schools and he is about to approve the same. According to the petitioner, the procedure adopted by the Inspector of Schools is contrary to the education Act and the rules made thereunder and, as such, the same should be quashed and the old Managing Committee should be allowed to continue in office till its term is over. ( 3 ) OPPOSITE party No. 3, the Inspector of Schools, Jagatsinghpur Circle in his counter-affidavit denies the allegations and insinuations made by the petitioner against him as well as the MLA. It is the case of the inspector that the Managing Committee of the petitioner school was approved by the Director, Secondary Education vide order No. 12789 dated 9-4-2002 (Annexure-4) in terms of Section 7 of the Orissa education Act and in normal course the Managing Committee was to continue for a period of three years. However, on 1-4-2003, five members of the Managing Committee, namely, Prabodh Chandra Das, niranjan Das, Amiya Samal, Jadunath Parida and Smt. Basanti Malia submitted their resignation before the President of the Managing committee, who is the local MLA on receipt of Which the President forwarded the same to the Inspector vide his letter dated 12-4-2003. The President while forwarding the letters of resignation requested the inspector of Schools to approve the names of persons submitted by him as members of the new Managing Committee. The Headmistress of the School also by her letter dated 2-4-2003 submitted a proposal for reconstitution of the Managing Committee purportedly passed in the General Body meeting with the members stated therein. The Headmistress of the School also by her letter dated 2-4-2003 submitted a proposal for reconstitution of the Managing Committee purportedly passed in the General Body meeting with the members stated therein. Since the election of new members as suggested by the Headmistress had not been done as per Rule 25 (2) (b) (c) of the Orissa Education (Establishment, Recognition and Management of Private High Schools)Rules, 1991 and no S. C. and Women members were suggested, on receipt of allegations of mis-management, and keeping in view the fact that on resignation of five members, the Managing Committee has become defunct, the Inspector of Schools requested the Headmaster of a nearby School in Annexure-4 to conduct an enquiry into the affairs of the institution and to suggest constitution of a new Managing committee through a meeting of local persons and guardians. It is stated in the counter-affidavit that the enquiring officer submitted his report stating that on 25-6-2003, the Headmistress in-charge was not in the school and she is remaining absent from school for months together. The enquiring officer after issuing due notice held a General body meeting on 30-6-2003 and the General Body elected new members in the meeting which has been intimated by the enquiring officer to the Inspector of Schools for doing needful. The Inspector of schools has forwarded the letter to the Director, Secondary Education for further action in the matter. ( 4 ) THE report of the enquiring officer, the Headmaster of R. K. Bidyamandir, dated 14-7-2003 submitted to the Inspector of Schools has been annexed to the counter-affidavit for reference. The report is revealing. It appears that the Headmistress in-charge, the present petitioner, did not co-operate in the enquiry nor in the General Body meeting. In paragraph 4 of the report, the enquiring officer has submitted that five members who had resigned from the Managing committee on 1-4-2003 were present in the General Body meeting which was presided over by one of the members who is alleged to have resigned by force. The plea taken by the petitioner that those five members were made to resign by threat at the instance of the mla is belied by their presence in the meeting and their statement that they have voluntarily resigned from the membership and not by coercion. The plea taken by the petitioner that those five members were made to resign by threat at the instance of the mla is belied by their presence in the meeting and their statement that they have voluntarily resigned from the membership and not by coercion. The purported letters said to have been written by them stating that the resignation letters were obtained by force has been denied to have been written by them. Rather, allegation of tampering with the statement has been made. However, at this stage, we are not inclined to enter into the merits of the other allegations made as against the Managing Committee or the in-charge Headmistress. ( 5 ) IT is clear from the report of the enquiring officer and the statements made by the five members who had resigned from the managing Committee that the Managing Committee in question has become defunct because of resignation of five of its members out of a total of nine. Under Rule 31 (3) of the 1991 Rules, 'quorum' for a meeting of the Managing Committee shall be five and in the instant case five members out of a total of nine having resigned the Managing committee cannot validly conduct a meeting with the existing four members which is below the quorum. In such situation, the Managing committee approved by the Director, Secondary Education as in annexure-1 cannot continue to function and manage the school in accordance with law. ( 6 ) THIS Court by order dated 5-8-2003 in Misc. Case No. 6489 of 2003, as an interim arrangement, directed the Inspector of Schools, jagatsinghpur circle to remain in charge of the Managing Committee of the school in question and he is continuing as such. The membership of the Managing Committee having fallen below the required minimum quorum, this Court cannot direct it to continue in office and manage the affairs of the school in question and, therefore, the prayer of the writ petitioner has to be rejected. ( 7 ) IN the aforesaid view of the matter, we do not find any merit in this writ application to interfere with the order of the Inspector of Schools to conduct the enquiry, convene a meeting and hold election for the constitution of the new Managing Committee and accordingly we dismiss the writ application. ( 7 ) IN the aforesaid view of the matter, we do not find any merit in this writ application to interfere with the order of the Inspector of Schools to conduct the enquiry, convene a meeting and hold election for the constitution of the new Managing Committee and accordingly we dismiss the writ application. However, in the peculiar facts of this case, the Director, Secondary Education is directed to reconstitute the managing Committee in accordance with law expeditiously. On constitution of the Managing Committee by the Director, the Inspector shall hand over the charge of the management to such committee for management of the affairs of the school in question. R. N. Biswal, J. ( 8 ) I agree.