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2015 DIGILAW 455 (ORI)

Mini Sahoo v. State of Orissa

2015-08-04

B.R.SARANGI

body2015
JUDGMENT : B.R. Sarangi, J. The petitioners, who are the members of Village Education Committee in respect of an upgraded Government High School situated at village Dimiria under Dimiria Gram Panchayat of Khalikote Block in the district of Ganjam have filed this application seeking to quash the order dated 7.6.2011 passed by the Government vide Annexure-3 withdrawing the order of upgradation of U.P. School Dimiria from Class-VIII to Class-IX by allowing it to continue with Class-I to VIII. 2. The short fact of the case in hand is that Govt. of Orissa in School and Mass Education Department has taken steps to upgrade the existing Govt. U.P./M.E. schools and it was decided that where there is no M.E. school and also no initiative from public to establish private High Schools, Government may consider establishing Govt. High Schools in a phased manner subject to availability of funds in the budget for the purpose so that within a short span of time there would be at least no G.P. without a High School. Accordingly, the Joint Secretary to Govt. in School and Mass Education Department requested all the Inspector of Schools to submit information in the requisite format and submit the same before 15.07.2007 for taking timely action at the Government level in order to achieve the decision to upgrade existing U.P/M.E School to High Schools. Accordingly, the U.P. school Dimiria having Class-I to VIII under Khalikote Block in the district of Ganjam was upgraded to a High School having Class-VIII to X. Accordingly, students were admitted and they were allowed to prosecute their study in Class-VIII and IX during academic session 2009-10 and Class-X was opened during academic session 2010-11. Basing upon such upgradation, due approval has been granted by the appropriate Govt. vide Annexure-1 dated 12.4.2010 and Board of Secondary Education, Orissa has also accorded approval and recognition for Class-IX and X for the academic Session 2010-11 vide Annexure-2. While it was so continuing, the Government has unilaterally decided to withdraw the order of upgradation of U.P. School, Dimiria from Class-VIII to IX and directed that the said school shall continue with classes I to VIII only as before. While it was so continuing, the Government has unilaterally decided to withdraw the order of upgradation of U.P. School, Dimiria from Class-VIII to IX and directed that the said school shall continue with classes I to VIII only as before. Assailing the said order dated 7.6.2011 vide Annexure-3, the petitioners have filed this application and while entertaining the same, this Court vide order dated 6.7.2011 granted interim order directing that the impugned order dated 7.6.2011 shall not be given effect to till the next date. Consequentially, the students who had admitted in Class-IX and X appeared in the 10th Examination Conducted by the Board of Secondary Education, Odisha. 3. Mr. S.K. Dash, learned counsel for the petitioner, urged that the School in question has been upgraded pursuant to the Govt. letter issued by the Department of School and Mass Education on 14.7.2008 vide Annexure-8 wherein it is stated that the Government after careful consideration has been pleased to decide that since approval for upgradation of the schools has already been communicated, there is no need for deletion of the schools from the approved list, wherein the name of the petitioners schools find place at SI. No.7. Once the Government has exercised its wisdom not to delete the name of the school from the approved list, the action taken in Annexure-3 is contrary to Annexure-8 inasmuch as per order dated 10.09.2007 in exercise of power conferred by sub-section (4) of Section 7-C of the Orissa Education Act, 1969, the State Government made an order to amend the Orissa Education (Payment of Grant-in-Aid to High Schools, Upper Primary Schools, etc.), Order 2004. Clause-4 of Section 3 of the order provides that notwithstanding anything to the contrary in clause (1) at least one High School within the local area of a Gram Panchayat or a Municipality, which is first recognized by the Government may be eligible to receive the grant-in-aid whether it satisfies the required eligibility criteria for such aid or not in case no High School in such area is eligible to receive grant-in-aid. It is urged that by using the word at least one High School under said clause-4, there is no bar to upgrade the other institution in the said area. Therefore, Dimiria U.P. school being a Govt. It is urged that by using the word at least one High School under said clause-4, there is no bar to upgrade the other institution in the said area. Therefore, Dimiria U.P. school being a Govt. school and having been upgraded by the authority in view of Annexure-8 and Annexure-9, subsequent withdrawal of said upgradation in Annexure-3 cannot be sustained in the eye of law. As per the information regarding GPS having no high school in Annexure-13, it has been indicated that so far as Dimiria under Ganjam Circle in Khalikote block, Dimiria G.P. has no high school. Therefore government has rightly upgaraded the Dimiria U.P. school to a High School status and the same cannot be withdrawn at the caprice and whims of the authority without application of mind. It is stated that by virtue of the interim order passed by this Court since the students have already prosecuted their studies, in the event withdrawal would be directed it will cause great prejudice to the local people. Therefore, this Court should quash Annexure-3 issued by the Government which has been done without application of mind. 4. Mr. A.K. Pandey, learned Standing Counsel for the School and Mass Education Department strenuously urged that upgradation of the petitioners-institution was made inadvertently although there is a private high school, namely, Maa Bahuti Bidyapitha, Dimiria available under the said G.P. and the order of withdrawal of government upgradation has been done only to implement the order of the government one high school in each G.P. It is stated that withdrawal of the upgradation of government U.P. school, Dimiria has no adverse effect either upon the students or the parents. Though upgradation is allowed vide order dated 22.04.2008, subsequently when it came to notice that there are two high schools existing in the said G.P., the upgradation proposal of Dimiria U.P. school to a high school subsequently found not feasible in view of the location of other high school. Therefore, the upgradation has been withdrawn. 5. Though upgradation is allowed vide order dated 22.04.2008, subsequently when it came to notice that there are two high schools existing in the said G.P., the upgradation proposal of Dimiria U.P. school to a high school subsequently found not feasible in view of the location of other high school. Therefore, the upgradation has been withdrawn. 5. Considering the above facts pleaded and arguments of the learned counsel for the parties, since the Government as a matter of principle decided to upgrade the U.P. school to cater to the needs of the local students and with a view that each G.P. should have one high school at least and on that basis the upgradation having being done subsequent withdrawal of the order of upgradation by taking a plea that there is another high school available is absolutely misconceived one. As per Annexure-13 when the statement was prepared that Dimiria GP under Khalikote block had no high school and pursuant to such upgradation follow up action had been taken by admitting the students to prosecute their studies and necessary approval and recognition were granted by the competent authority and while entertaining this application this Court passed interim order of stay of withdrawal of the upgradation. In the meantime four years have elapsed and having all infrastructure when the school is able to present the students to appear in Class-X examination, withdrawal of upgradation will create prejudice to the students of the locality. In Annexure-8, Government has decided that since approval for upgradation of the school has already been communicated, there is no need for deletion of these schools from the approved list on 14.7.2008. Therefore subsequent withdrawal of the approval vide Annexure-3 is outcome of non-application of mind of the authority inasmuch as there is no bar to have a second high school to continue in the said G.P. Considering the students strength and other infrastructural facilities, if the institution has already been upgraded and the same has got due approval and recognition from the competent authority, withdrawal thereof vide Annexure-3 cannot sustain in the eye of law. 6. 6. In that view of the matter, the order passed in Annexure-3 by the authority without applying the provisions of law withdrawing the upgradation of Dimiria School is hereby quashed and upgraded Dimiria School having Class-IX and X shall continue on the basis of approval and recognition accorded by the competent authority by presenting their students to appear in the Class-X examination every year. 7. Accordingly, the writ petition is allowed. Petition allowed.