Orissa High Court
Jeypore Evengelical Lutheran vs State Of Odisha And Others .... Opposite ... on 19 May, 2023
Author: A.K. Mohapatra
Bench: A.K. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.16633 of 2023
Jeypore Evengelical Lutheran .... Petitioner
Church, Koraput
Mr. D.R. Bhokta, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. T. Pattanaik, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 19.05.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the petitioner as well as learned counsel for the State. Perused the writ petition as well as documents annexed thereto.
3. The present writ petition has been filed by the petitioner with the following prayers:
"The petitioner, therefore, prays that this Hon'ble Court be graciously pleased to issue a Rule Nisi calling upon the opposite parties to show cause as to why a writ of mandamus or any other appropriate writ or writs shall nto be issued;
i) Directing the Opposite parties to declare the existing school runs and managed by the petitioner's society in the Dist. of Koraput and Nanarangpur as minority institutions taking into consideration the decision of Hon'ble Apex Court under annexure-8 and issue the minority certificates in favour of the petitioner's society immediately as well as accord them all the benefits as per the // 2 // notification under annexure-4 as expeditiously as possible.
ii) If the opposite parties fail to show-cause or show Insufficient cause to make the said rule absolute; and
iii) To pass such other order/orders and to issue such other writ/writs as would afford complete relief to the petitioners;"
4. It is submitted by learned counsel for the petitioner that the present case is a religion minority institution which is running several schools in the districts of Koraput and Nabarangpur. It is further submitted that so far those institutions, which are run by minority communities by the Government of Odisha issued resolution dated 28.02.2003 concerning such institutions. However, he further submitted that the Government of Odisha is insisting on production of minority certificate every year. It is also submitted by leaned counsel for the petitioner that such conduct is contrary to the decision of the Hon'ble Supreme Court in the case of the Manager, Corporate Educational Agency vrs. James Mathew and others in Civil Appeal Nos.826-827 of 2017 decided on 11th of July, 2017.
5. Learned counsel for the State, on the other hand, submitted that let the petitioner be approached before the Director, Secondary Education, Odisha, Bhubaneswar-Opposite Party No.2 Government along with copy of the judgment of the Hon'ble Supreme Court along with narrating the grievance, the said Opposite Party keeping view the judgment of the Hon'ble Supreme Court on the issue and take a decision in the matter in accordance with law within a stipulated period of time.
6. Considering the submissions made by learned counsels for the respective parties, this Court disposes of the writ petition at the stage // 3 // of admission by directing the Petitioner to make a fresh representation before the Director, Secondary Education, Odisha, Bhubaneswar-Opposite Party No.2 within a period of three weeks from today and in the event such representation is filed before the Opposite Party No.2, the said Opposite Party No.2 shall do well to consider strictly and dispose of the same by passing a speaking and reasoned order keeping in view the judgment of by the Hon'ble Supreme Court in the cases of Manager, Corporate Educational Agency vrs. James Mathew and others in Civil Appeal Nos.826-827 of 2017 decided on 11th of July, 2017 within a period of six weeks from the date of filing of such representation and the decision thereof so taken shall be communicated to the Petitioner within two weeks thereafter.
7. With the aforesaid observation/direction, the writ petition is disposed of.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra ) Judge Jagabandhu Signature Not Verified Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Secretary-in-Charge Reason: Authentication Location: OHC, CUTTACK Date: 20-May-2023 11:29:43