Supreme Court - Daily Orders
Association Of Odisha Icse School vs The State Of Odisha on 18 March, 2021
Bench: A.M. Khanwilkar, Dinesh Maheshwari, Krishna Murari
1
ITEM NO.12 Court 5 (Video Conferencing) SECTION XI-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 3355/2021
(Arising out of impugned final judgment and order dated 02-02-2021
in WP(C) No. 2918/2021 passed by the High Court Of Orissa At
Cuttack)
ASSOCIATION OF ODISHA ICSE SCHOOL Petitioner(s)
VERSUS
THE STATE OF ODISHA Respondent(s)
(FOR ADMISSION and I.R. and IA No.27733/2021-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT and IA No.27850/2021-PERMISSION TO
FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES )
WITH
SLP(C) No. 3383-3384/2021 (XI-A)
(FOR ADMISSION and I.R. and IA No.28123/2021-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT and IA No.28122/2021-PERMISSION TO
FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
Diary No(s). 4616/2021 (XI-A)
(FOR ADMISSION and I.R. and IA No.27864/2021-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT and IA No.27862/2021-PERMISSION TO
FILE PETITION (SLP/TP/WP/..) and IA No.27863/2021-PERMISSION TO
FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
Date : 18-03-2021 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR
HON'BLE MR. JUSTICE DINESH MAHESHWARI
HON'BLE MR. JUSTICE KRISHNA MURARI
For Petitioner(s)
Mrs. V. Mohana, Sr. Adv.
Mr. Suvendu Suvasis Dash, AOR
Mr. Patitapaban Panda, Adv.
Mr. Dayananda Mohapatra, Adv.
Ms. Nikita Capoor, Adv.
Signature Not Verified
Ms. Swati Vaibhav, AOR
Digitally signed by
DEEPAK SINGH
Date: 2021.03.20
12:09:35 IST
Reason:
For Respondent(s)
Mr. Ravi Prakash Mehrotra, AOR
Mr. Ankit Agarwal, Adv.
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Mr. Rajeev Sharma, Adv.
Ms. Neelam Sharma, Adv.
Ms. Pankhuri Shrivastava, Adv.
Mr. Alekshendra Sharma, Adv.
Mr. Pravesh Bahuguna. Adv.
Mr. Rupesh Kumar, AOR
Mr. Hitendra Nath Rath, AOR
Mr. Bibhuti Bhusan Chaudhary, Adv.
Mr. J. P Parida, Adv.
UPON hearing the counsel the Court made the following
O R D E R
SLP No(s). 3355 and 3383-3384 of 2021 Heard learned counsel for both sides at length. The petitioner had approached the High Court making grievance that notification dated 19.01.2021 issued by the State Government was being enforced against them, despite the fact that the members of the Association of Odisha ICSE Schools (in short ‘petitioner-association’) were not party to the Memorandum of Understanding executed between the State and some of the schools (not members of the petitioner-association imparting ICSE courses).
Notably, the judgment rendered by the High Court dated 07.01.2021 itself makes it amply clear that the arrangement specified by the State Government will be effective only against persons who are party to the Memorandum of Understanding.
3As the petitioner-association is not party to the Memorandum of Understanding and as per the observations of the High Court made in the judgment and order dated 07.01.2021, the notification dated 19.01.2021 is not applicable to the members of petitioner-association imparting ICSE courses.
It will be open to the State to interact with the association, if at all it intends to issue any direction against the schools registered with ICSE board and if any common arrangement is to be arrived at, appropriate notification or circular can be issued by the State Government in accordance with law.
During that interaction, it will be open to the petitioner-association to place reliance on the arrangement directed by this Court in the case of “Gandhi Sewa Sadan Rajsmand Vs. State of Rajasthan & Ors.” vide order dated 08.02.2021 in SLP(C) Nos. 27907-27916 of 2019.
It will be open to the State to consider that arrangement and make it applicable to the petitioner- association as well as other schools in the State, if so advised.
We are not expressing any opinion either way on the 4 merits of the claim of the petitioner-association or the power vesting in the State to issue directions, as the case may be.
In the event, arrangement specified in the proposed notification is not acceptable to the petitioner- association, it will be open to the petitioner- association to assail the same by way of substantive writ petition before the High Court which ought to be decided on its on merit and in accordance with law.
In substance, we clarify the position that notification dated 19.01.2021 bearing number 1337 issued by the State Government has no application to the members of the petitioner-association imparting ICSE courses. Even the counsel appearing for the State, in all fairness, has accepted this position, which, we place on record.
Counsel for the respondent State has invited our attention to the assertions made in paragraph 4 of the reply affidavit filed on 15.03.2021 that the petitioner- association is already interacting with the authorities of the State Government.
Be that as it may, it will be open to the authorities to examine all aspects of the matter and also consider 5 the further submission/representation made by the petitioner-association. The petitioner-association to submit such further representation within one week from today.
Mr. Hitendra Nath Rath, learned counsel appearing for one of the private respondents submits that the petitioner-schools/association, intentionally, did not become party to the Memorandum of Understanding for reasons best known to them. That makes no difference. For, the judgment dated 07.01.2021, as aforesaid, makes it clear that the arrangement directed by the State will apply to schools who were party/signatory to the Memorandum of Understanding.
The fact remains that the petitioner- schools/association is not signatory to the Memorandum of Understanding. Hence, the arrangement now directed will have to be followed by the State in respect of schools who were not party to the stated Memorandum of Understanding on the basis of which notification dated 19.01.2021 came to issued.
The Special Leave Petitions are disposed of in the above terms.
Pending applications, if any, stand disposed of. 6 SLP No(s). 4616 of 2021 This petition is filed by ODM Public School affiliated to CBSE courses.
The grievance in this petition is similar to one made in the connected petitions (SLP No(s). 3355 and 3383-3384 of 2021) filed by the Association of Odisha ICSE Schools. The order passed in the connected cases, therefore, will apply, proprio vigore, to this matter as well. Accordingly, this Special Leave Petition is disposed of in the same terms.
Pending applications, if any, stand disposed of.
(DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)