Abhaya Kumar Samantaray v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 21743 of 2022 Abhaya Kumar Samantaray & Ors.

....

Petitioners Mr. A.K. Pandey, Advocate - Versus - State of Odisha & Ors.

....

Opp. Party Mr. B.Mohanty, Standing Counsel for S & ME Department

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

30.08.2022 1.

This matter is taken up through hybrid mode.

Order No.

01.

2.

Heard learned counsel for the petitioners and learned Standing Counsel for School and Mass Education Department. 3.

The petitioners claim to be the members of the Alumni Association of the Harikrushna Govt. High School, PateniganBarti in the district of Jagatsinghpur. They claim that the School Alumni Committee under Mo School Abhiyan was illegally constituted with opposite party no.8 being declared as president in connivance of the Headmaster (opposite party no.7). Certain other allegations have been made with regard to irregularities being committed by the Headmaster as well as the newly elected president mainly to the effect that fees are being collected from the students illegally. It is further submitted that despite the fact that the Alumni Committee was constituted contrary to law, the Headmaster has forwarded certain documents to the Bank with the intent of changing the specimen signature of the petitioner and to incorporate the signature of opposite party no.8.

4.

These are factual disputes which need not be gone into by this Court exercising jurisdiction under Article 226 of the Constitution of India. These are matters which can be dealt with appropriately by the concerned authority, namely, the District Education Officer, who has been impleaded as opposite party no.6 in the present case. Therefore, without expressing any opinion on the merits of this case, the writ petition is disposed of granting liberty to the petitioners to approach the District Education Officer, Jagatsinghpur (opposite party no.6) within a period of one week. If any such representation is submitted by the petitioners within the period aforesaid, the opposite party no.6 shall consider the same in accordance with law after granting opportunity of hearing to all concerned and to pass a lawful order within a period of two weeks thereafter. Till disposal of the representation, the letter dated 05.08.2022 of the Headmaster addressed to the Branch Manager, Punjab National Bank, Raghunathpur Branch shall not be acted upon. 5.

Writ petition is disposed of accordingly.

6.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana