Governing Body v. State And ORS.

IN THE HIGH COURT OF ORISSA AT CUTTACK

In W.P.(C) No.10310 of 2014 Governing Body of Baliapal College of Physical Education, Baliapal ....

Petitioner Mr. Sidhartha Sankar Mohapatra, Adv.

Mr. J.K. Rath, Adv.

-versusState of Odisha and Ors.

....

Opposite Parties Mr. H.K. Panigrahi, Adv.

(SAT (Cuttack) Mr. U.K. Samal, Adv.

(for O.P.3)

CORAM:

DR. JUSTICE S.K. PANIGRAHI Order No.

ORDER

18.10.2022 26.

1. This matter is taken up through hybrid mode.

2. Learned counsel for the parties are present. Judgment prepared in separate sheets is delivered and pronounced in open Court in the presence of learned counsel for the parties and the order is passed accordingly as follows:-

3. In the light of above discussions, and guided by the precedents narrated hereinabove, this Court directs the prescribed authority to constitute a fresh Governing Body

// 2 // if the same has not already been done by taking into consideration the term of each member and the length of such term while they were the member of the Governing Body and such an arrangement must be in accordance with Section 7 read with Rules 25 and 26 of the Orissa Education (Establishment, Recognition and Management of Private Colleges) Rules, 1991. The competent authority is directed to exercise due caution while considering the eligibility of the members who were a part of the Governing Body in the previous terms.

4. The Writ Petition is accordingly dismissed. (Dr. S.K. Panigrahi) Judge B.Jhankar