D. A. v. College Managing Committee through Regional Director VS Laxminarayan Mishra
2013-03-22
JASTI CHELAMESWAR, R.M.LODHA
body2013
DigiLaw.ai
ORDER : Taken on board. 2. On May 11, 2012 this Court passed the following interim order by way of pro tem ad hoc arrangement :- "(i) The petitioner shall submit its complete account of income and expenditure with detailed figures to the Interim Committee constituted under the impugned judgment within two weeks from today. (ii) Within three weeks of receipt of the accounts from the petitioner, the Interim Committee will examine and evaluate the impact on the financial burden on the petitioner's schools by implementation of the recommendations of the 6th Pay Commission. The Interim Committee shall, accordingly allow the rise in the fee." 3. The Interim Committee has not been able to give its opinion till date. As a matter of fact, by order dated, the Committee was directed to comply with the order dated by the end of November 2012. 4. On March 12, 2013, this Court recorded the statement of Mr. Shibhashish Misra, learned counsel for the State of Odisha, that it will be possible for the Interim Committee to look into the information and documents submitted by the petitioner-applicant and submit its report to this Court within two weeks. 5. Instead of complying with the order dated May 11, 2012 and the subsequent orders as noted above, now an interlocutory application (Interlocutory Application No. 9 of 2013) has been made by the State of Odisha praying therein that Interim Committee is not in a position to analyse properly financial implications/financial statements and other documents submitted by the DAV authorities and, therefore, a direction may be issued to the petitioner to file an application for fixation of fee structure of the School before the Fee Structure Committee headed by Justice K.P. Mohapatra, retired Judge of the High Court of Orissa, to determine and analyse the fee structures of petitioner's institutions. 6. We deprecate the stand of the State of Odisha in having kept this Court in dark for about eight months that Interim Committee would not be in a position to analyse properly financial implications/financial statements and the other documents submitted by the petitioner. Had they informed the Court on May 11, 2012, the Court would not have directed the Interim Committee to undertake the exercise which they were not in a position to do.
Had they informed the Court on May 11, 2012, the Court would not have directed the Interim Committee to undertake the exercise which they were not in a position to do. The State should not take the orders of this Court casually and should not make statements in the highest Court just to suit its convenience. 7. Be that as it may, as it is essential that a competent authority determines and analyses the fee structure of the petitioner's institutions, we direct the petitioner to make an application for fixation of fee structure of the School before the Fee Structure Committee headed by Justice K.P. Mohapatra, retired Judge of High Court of Orissa. Such application shall be made by the petitioner to the said Committee headed by Justice K.P. Mohapatra within one week from today. We request Justice Mohapatra Committee to look into all aspects of fixation of fee structure of the petitioner's institutions expeditiously and submit its report to this Court as early as possible and in no case later than three weeks from submission of the application along with documents by the petitioner. 8. Interlocutory Application No. 9 of 2013 stands disposed of. 9. List the matter on April 22, 2013.