TMI Blog2016 (3) TMI 1451X X X X Extracts X X X X X X X X Extracts X X X X ..... essary steps to reconstitute the Managing Committed in respect of aided High Schools. As it appears from the records, the Inspector of Schools instead of applying his mind independently submitted letter on 01.11.2012 recommending the proposal of Sri Sarat Kumar Mohapatra, senior most Asst. Teacher, who has been allowed to remain-in-charge of the School temporarily, for reconstitution of the Managing Committee to the Director, Secondary Education, Odisha, Bhubaneswar for approval of the Managing Committee. On the basis of such recommendation, the Director has passed the impugned order under Annexure-4 on 08.09.2014 - The 1991 Rules having been framed under the Rule making power under Orissa Education Act, 1969, has got its own statutory force and therefore, the authority has to act in adherence to the provisions contained under the 1991 Rules and for any deviation thereof, consequential order cannot sustain in the eye of law. The action taken by the Inspector of School is not in consonance with the provisions of Sub-Rule(4) of Rule 28 of 1991 Rules. When a gross illegality has been committed by the authority for reconstitution of Managing Committee, which has been brought to n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .07.2002, expired on 10.07.2005. When the School was notified to receive grant-in-aid in the year 2008, the Sub-Collector, Khorda nominated Sri Ghanashyam Sen as the President of the Managing Committee on 19.10.2009. Accordingly, the Managing Committee was reconstituted in terms of the Rule 28 of the 1991 Rules. Since no step was taken for approval of the reconstitution of the Managing Committee, the petitioner approached this Court by filing W.P.(C) No. 602 of 2010 and this Court disposed of the same on 18.03.2010 directing the Director, Secondary Education, Odisha, Bhubaneswar to take a decision strictly in accordance with law within a period of three weeks from the date of production of the certified copy of the said order. In compliance to the said order dated 18.03.2010, the Director Secondary Education, Odisha, Bhubaneswar did not take any steps to approve the reconstitution of the Managing Committee of the said School. In the meantime, the District Education Officer forwarded the proposal of the Headmaster-in-charge, Sri Sarat Kumar Mohapatra to the Director, Secondary Education, Odisha, Bhubaneswar for his approval. Instead of approving the reconstitution of the Governing B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the writ petition to substantiate the allegation. Therefore, the same amounts to suppression of facts. The petitioner having not come to the Court with clean hand, the writ petition at his instance cannot sustain. The order impugned indicates that action has been taken on the basis of Letter no. 3014 dated 05.11.2013 of the District Education Officer, Khurda. The same having not been produced and without disclosing the contents thereof, the contention raised that the District Education Officer, Khurda has acted as a post office, cannot sustain in the eye of law. It is further urged that the petitioner has no locus to file this writ petition. Accordingly, he seeks for dismissal of the same. 5. Mr. S.K. Das, learned counsel for opposite party no.4 though has not filed counter affidavit, supports the contention raised by Mr. A.K. Pandey, learned Standing Counsel for School and Mass Education Department. 6. Mr. M.K. Mishra, leaned counsel for opposite party nos. 5 to 13 has also supported the stand of Mr. A.K. Pandey, learned Standing Counsel for School and Mass Education Department. 7. On the basis of the facts pleaded, it is to be considered whether the reconstitution of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icio capacity. (3) The Sub-Collector shall nominate the President from among the members specified in Clause (a) to (d) of Sub-rule (1). (4) The Inspector shall take all necessary steps to reconstitute the Managing Committee in respect of aided High School and of any such School which becomes aided. (5) The Managing Committee reconstituted with the office bearers and members on its approval by the prescribed authority, as notified under Clause (m-1) of Section 3 of the Act shall be communicated to the Secretary. (6) Any vacancy in membership caused due to resignation, death or otherwise shall be filled up in the aforesaid manner for the unexpired portion of the term of the Managing Committee. (7) The Secretary shall intimate the change of membership with reasons to the Inspector for his approval. (8) No meeting of the Managing Committee shall be invalid merely by reason of any, vacancy in the membership or any defect in the constitution of the said committee or any irregularity in its procedure not affecting the merit. 10. In view of the aforementioned Rules, the reconstitution has to be made under Sub-Rule(1) of Rule 28 of 1991 Rules. As per Sub-Rule (2) of R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and for any deviation thereof, consequential order cannot sustain in the eye of law. 12. In Purushottam (supra) the Apex Court held that the Rules are framed for dealing in detail with myriad situations that may manifest themselves, for the guidance of the authority concerned. Rules must, therefore, be interpreted in a manner which would repose them in harmony with the parent statute. Therefore, non-compliance of the same was held to be ultra vires. 13. In Zuari Cement Limited (supra), the Apex Court held that it is the basic principle of law long settled that if the manner of doing a particular act is prescribed under any statute, the act must be done in that manner or not at all. The origin of this Rule is traceable to the decision in Taylor v. Tailor, (1875) LR I Ch D 426, which was subsequently followed by Lord Roche in Nazir Ahmad v. King Emperor, AIR 1936 PC 253(2) and subsequently, the said principle has also been followed in Babu Verghese v. Bar Council of Kerala, (1999) 3 SCC 422. 14. In D.N. Jeevaraj (supra), the apex Court held in paragraph- 42 as follows: 42. In Mansukhlal Vithaldas Chauhan v. State of Gujarat (1997) 7 SCC 622 this Court held that it is pri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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