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2012 DIGILAW 239 (ORI)

Laxmidhar Girls High School v. State of Orissa

2012-05-09

SANJU PANDA

body2012
JUDGMENT Sanju Panda, J 1. Petitioner-institution in this writ petition challenges the inaction of the opposite parties to grant recognition from the academic session 2008-09. It is also prayed to allow its students to appear at the High School Certificate Examination, 2012. 2. Laxmidhar Girl's High School, hereinafter to be referred to as "the School", in short, was established by the local people and the school authority applied for prior permission from the State Government under Section 5 of Orissa Education Act, 1969 (hereinafter in short referred as 'the Act'). Before granting the aforesaid permission the authorities have examined, that the institution has fulfilled all the statutory criteria, thereafter they have decided to accord permission vide office order No.28545 dated 28.7.2009 from the academic session 2008-09. After obtaining the said permission, the school was established and the students were admitted in the school. The school is a Girls High School and it is fulfilling the educational need of the local area. The Managing Committee of the school submitted application for grant of recognition and receipt of such application for recognition, the prescribed authorities directed the Inspector of Schools for submission of certain documents for consideration by the high power committee. Accordingly, the Inspector of Schools vide his letter dated 15.2.2010 submitted all necessary documents and also recommended for recognition to the- School and the said letter of the Inspector of Schools reveals that the school is a Girl's high school located in the Gram Panchayat, the teaching staffs have the requisites qualification and the details of land position with copy of the sale deed, photograph of the construction of school building and copy of fixed deposit in the name of the school. However, till date, the school has not received necessary recognition and the students who have taken admission are eligible to appear H.S.C. Examination, 2012. Therefore, the petitioner-institution has filed the present writ petition with the above prayer. 3. However, till date, the school has not received necessary recognition and the students who have taken admission are eligible to appear H.S.C. Examination, 2012. Therefore, the petitioner-institution has filed the present writ petition with the above prayer. 3. Learned counsel for the petitioner submitted that the petitioner institution has fulfilled all the' criteria to get recognition and it is the first Girls High School in the G.P. and the school was established in view of the policy of the State Government to encourage the education or girls and since the institution has already got permission under Section 5 of the Act and it fulfilled all the criteria to get the recognition, the authorities who have taken decision to that effect in view of the inaction of the authorities the student shall not suffer. 4. A counter affidavit filed by the opposite party No.5 with a stand • that the school in question is only a permitted school and not yet recognised by the Government or by the Board, as such the student of the institution are not coming under any of the category, viz., Regular Candidates, Ex-Regular Candidates, Quasi-Regular Candidate or External Candidates. Therefore, the students, who have appeared in the Annual Examination, 2012 by virtue of an interim order, their results shall not be declared and so far the other prayer of the petitioners are, concerned, they have nothing to say. The opposite party Nos. 1 to 4 have not filed their counter. However, learned Standing Counsel for the School and Mass Education Department submitted that temporary recognition has already been accorded to the petitioner's institute during the session 2012-13, but no recognition has been granted for the session 2011-12. 5. Considering the aforesaid rival submission of the parties and considering the fact that the petitioner-institution have already obtained permission for establishment of the school for the academic session 2008-09 under Section 5 of the Act, under the said provision of the Act before granting permission the prescribed authorities have to scrutinize the application which are found complete in all respect and may in conformity with any Act and Law. Thereafter, the authority may make such enquiry as it deem necessary and also make a report with its recognition which shall be placed before the committee constituted in that behalf by the State Government. Thereafter, the authority may make such enquiry as it deem necessary and also make a report with its recognition which shall be placed before the committee constituted in that behalf by the State Government. If the committee is satisfied that the educational need of the local people justifies the establishment of educational institution as proposed and accordingly based the educational need of the area, the permission may be granted with such condition to be fulfilled. The petitioner-institution has satisfied all those above criteria as required under the statute and the authority has granted them permission to establish the same. 6. In the low literacy State like Orissa, the main focus is to educate the mass at primary level to high school level by providing general education to them. Education is the path of growth and in order to transform Orissa into a 100% literacy State and to achieve social and economic progress, empowerment of the people with education is the need of the hour. To achieve the above goal, steps are taken to set up schools by encouraging both public and private schools to establish and co-exist. Only 76 girls get a chance to educate themselves for every 100 adolescence boys. There are multiple reasons for low female literacy. The girls play an important role in house-holds and human resources in a developing country, but still are not enjoying the same opportunities as boys and young men. Therefore, some schools are meant for girls only in rural as well as urban areas and the present institution is one of them. The provision of the Orissa Education Act is to apply purposefully, extensively and judiciously by the authorities. These private institutions were admitting students within the age group of 6-14 years and after enactment of right of children to free and compulsory education, the authorities should have acted promptly as per the statutory provision. 7. Section 5(9) of the Act provides that when a new private educational institution is established in accordance with the permission granted under this section the fact of such establishment shall be reported to the authority forthwith and the above report shall be communicated within 45 days from the date on which the institution starts functioning. 7. Section 5(9) of the Act provides that when a new private educational institution is established in accordance with the permission granted under this section the fact of such establishment shall be reported to the authority forthwith and the above report shall be communicated within 45 days from the date on which the institution starts functioning. Section 5(10) of the Act also provides that the institution in relation to which permission has been accorded under this Section fails to start functioning within 45 days from the date of commencement of the academic year following the date on communication of the order of permission, the permission so accorded shall lapse, provided that the Prescribed Authority may, for good and sufficient reasons extend the time on application. However, the time will not extend beyond the date from which the educational institution shall start functioning for such period not exceeding beyond the first day of the following academic year the date from which the institution start functioning. 8. In view of the above provision, the institution after obtaining permission under Section 5 of the Act, established and start functioning by admitting the students. The students who have taken admission were prosecuting their studies and they have completed three years and eligible to appear H.S.C. Examination, 2012. The petitioner-school after functioning immediately applied for grant of recognition. As per the statutory provision also the authorities have directed the Inspector of Schools to submit document and report to grant such recognition and the Inspector of Schools also submitted all those documents. The opposite parties should have taken prompt action in stead of delaying the matter. 9. Section 6 of the Act stipulates that application for recognition of a private educational institution shall be made before, the prescribed authority on or before 30th November of the academic year in which the institution starts functioning and the prescribed authorities shall scrutinize the applications and those application' which were found incomplete in all respects should have been submitted in conformity with the provision of the Act arid the Rules framed thereunder shall be considered, and thereafter, the prescribed authority shall inspect or cause to be inspected the educational institution. Thereafter, the committee constituted by the Government shall consider the application for recognition together with the report and the recommendation of the Prescribed Authority and may call for additional information or may direct such further inspection as it deems necessary. The Committee having considered all aspects shall make an order either granting recognition, or temporary recognition with or without conditions or rejecting the application for reasons to be recorded. 10. Section 6(8) stipulates that the Committee may refuse recognise a private educational institution which has been permitted to be established if it is found guilty of improper competition with other educational institutions or of deliberate violation of any provision of this Act, the rules or any direction duly issued by the State Government or the Director (Emphasis supplied). 11. In the present case, the committee has not found guilty of improper competition with other educational institutions as the petitioner institution is the only high school in the G.P. Therefore, the inaction of the opposite parties in not granting recognition when the institution has fulfilled all the criteria and the inspector of Schools has submitted its report in pursuance to the direction of the authorities to grant recognition. 12. As per the provision contained under Clause 6 of Chapter X of the Regulation of the Board, the following categories of candidates cannot be appeared in the H.S.C. Examination conducted by the Board:- "(i) The regular candidates, who have satisfactorily prosecuted a regular course of study in Class IX and X. (ii) Ex-regular candidates, who have prosecuted a regular course of study in Class IX and X, but could not appear or having appeared failed at the examination. (iii) Quasi-regular candidates, i.e. students of Class IX of such High Schools wherein at least Class VIII has been recognised by the competent authority. (iv) External candidates, who were duly enrolled for the correspondence course run by the Board of Secondary Education, Orissa and certified by the Director, Correspondence course; and (v) Private candidates, who have attended any recognized High School for at least 365 days previous to the date of commencement of the H.S.C. Examination and who have prosecuted a regular course of study for at least one school year within the State• of Orissa or under any other Board recognised by the Board of Secondary Education, Orissa." 13. Since due to inaction of the authorities, the petitioner-institution has not obtained temporary/permanent recognition from the authorities. The students can be categorized under external candidates, who have prosecuted their studies under the course run by the Board of Secondary Education. In view of such enactment of the Act, 2009, every child of the .age of six to fourteen years shall have a right to free and compulsory education in a neighborhood school after coming into force the Right of Children to Free and Compulsory Education Act, 2009. As per the Board Regulation, the minimum age limit for a candidate to appear at the High School Certificate Examination shall not be less than 14 years. Therefore, the students who have taken admission in the petitioner school, they have to complete their course successfully, and as such, they should not be debarred from appearing the Annual H.S.C. Examination, 2012 in view of enactment of the Act, 2009. This Court by an interim order dated 10.1.2012 directed the students of the petitioner institution to fill up their forms as correspondence course as per category (iv) of Clause 6 of the Board Regulation. Since the students of the petitioner-institution have appeared in the said examination, their result shall be declared as per the schedule of the Board and the opposite party Nos. 1 to 4 are directed to accord recognition temporarily or permanently to the petitioner-institution for the session 2011-12 within a period of four months from the date of communication of this order to the opposite parties. Accordingly, the W.P. (C) stands disposed of. Requisites for communication of the order shall be filed within a week. Petition disposed of.