Referring to the 2003 Order which states that it is only the Managing Committee that is competent to take disciplinary action against its employees, the Orissa High Court held that the Secretary was not competent to take any action against the Petitioner as the school is having a duly constituted approved managing committee.

While clarifying that a school must make an application before the National Commission for Minority Educational Institution for its declaration as a Minority Managed Educational institution, a Single Bench of Justice Biraja Prasanna Satapathy quashed an order of suspension passed by the Cuttack Christian Education Board’s Secretary against the Petitioner, who has been working as Headmaster In-charge of Cuttack Christ Collegiate School.

Advocate D.N. Rath appeared for the Petitioner, whereas, Advocate R.N. Mishra appeared for the Opposite Party.

Going by the background of the case, the Petitioner having qualification of B.A, B.Ed. was initially appointed as a trained matric teacher in Christ Collegiate School, Cuttack. The school, being an aided educational institution, the Managing Committee of the school was reconstituted as provided under Rule 28(1) of the Orissa Education (Establishment, Recognition and Management of Private High School) Rules, 1991. Such reconstituted governing body so approved by third opposite party - District Education Officer was valid for a period of three years. Since the Petitioner was promoted as against a Trained Graduate post, he was allowed to continue against the post of Headmaster In-charge of the school w.e.f the year 2019. However, it was contended that while the matter stood thus, the fifth Opposite Party - Cuttack Christian Education Board’s Secretary without having any authority placed the Petitioner under suspension and initiated disciplinary proceeding against him. Hence, present petition contending that since Christ Collegiate School is a Minority Managed Aided Educational Institution, the service condition of the employees of the school is governed under Odisha Education (Minority Managed Aided Educational Institutions Employees Method of Recruitment and Conditions of service) Order, 2003.

After considering the submissions and finding that the Petitioner has been continuing as Headmaster In-charge in Christ Collegiate School, Cuttack, the High Court opined that though it is not disputed that Christ Collegiate School is a minority managed aided educational institution.

However, since the school has not obtained yet the certificate issued by the National Minority Commission declaring the school as a Minority Managed Institution, the High Court rejected the claim made by the Opposite Party that it is competent to take action against the Petitioner, as the school is a Minority Aided Educational institution.

The Bench clarified that after coming into force of the National Commission of Minority Educational institution Act, 2004, the school must make an application before the Commission for its declaration as a Minority Managed Educational institution.

Since no document had been filed by the Education Board’s Secretary showing such a certificate having been obtained from the Commission, the Bench rejected the stand that the school is a Minority Managed Educational Institution.

Therefore, stating that the Secretary was not competent to issue the order, the Bench quashed the same while allowing the Petitioner to continue as Headmaster In-charge of the school as before.

Cause Title: Prafulla Kumar Sahoo v. State of Orissa and Ors.

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Odisha High CourtJustice Biraja Prasanna Satapathy

Pankaj Bajpai