ORDER
A.K. Patnaik. J.
1. Heard Mr. S. N. Sahoo, learned counsel for the petitioner, Mr. M. K. Mohanty learned Addl. Government Advocate and Mr. S. D. Das, learned counsel for the Council of Higher Secondary Education, Orissa.
2. By order dated 28.2.1997, the prescribed Authority-cum-Addl. Director, Higher Education, Orissa withdrew the recognition granted earlier to Kasturba Gandhi Women’s College, Manikadeipur, Pipili in the district of Puri. Against the said order, the Secretary of the aforesaid college filed Appeal petition No. (+2) 4 of 2000
before the Government of Orissa and the said appeal was allowed with the direction that necessary recognition withdrawn is to be restored and the educational agency was to be allowed to present the candidates in the ensuing Annual Higher Secondary Examination, 2000. Pursuant to the said order allowing the appeal, the prescribed Authority-cum-Additional Director, Higher Education, Orissa issued an order dated 7.11.2000 stating therein that in exercise of powers conferred under Sub-section (5) of Section 6(B) of the Orissa Education Act, the Government after careful consideration has been pleased to restore the withdrawal of recognition to Kasturba Gandhi Women’s College, Manikadeipur, Pipili. Since the language used in the said order dated 7.11.2000 was that Government have been pleased to restore withdrawal of the recognition to the aforesaid college, the Council of Higher Secondary Education, Orissa by its letter dated 4.1.2001 to the Director, Higher Education, Orissa requested the latter to clarify as to whether restoration of recognition has been granted to the aforesaid college and as to whether the students if admitted in the said college during the session 1999-2000 can be permitted to appear the Annual H. S. Examination 2001 as regular students. No clarification was, however, issued by the Director, Higher Education, Orissa despite several correspondence made by the College and the Council. On these facts, the petitioner has filed this writ petition with a prayer to direct the Council of Higher Secondary Education, Orissa to restore affiliation in favour of the College as per orders passed by the Government in allowing the appeal and allowing restoration of recognition of the College. The petitioner has also prayed for a direction on the opp. parties to permit the students of the college to appear in the Annual Higher Secondary Examination, 2002 as regular students.
3. On 24.1.2002, this Court passed interim orders in Misc. Case No. 16724 of 2001 directing the Council of Higher Secondary Education, Orissa, as an interim measure, to issue necessary forms to the appropriate authority of the aforesaid college to present their candidates as extra regular candidates without prejudice to the rights and contentions of the parties. Thereafter, however, by order dated 2.2.2002 this Court clarified that the answer papers of the students will be valued but their results will not be published without leave of this Court. In the said order, however, the Court also clarified that the question of payment of penal fee by the college claimed by the Council will also be decided in the writ petition.
4. By the order dated 27.2.2003 this Court called upon the Director, Higher Secondary Education, Orissa or any other authority on his behalf to appear before this Court and explain as to whether by order dated 7.11.2000 in Annexure-3 to the writ petition, the
Government intended to restore the withdrawal of recognition to Kasturba Gandhi Women’s College, Manikadeipur, Pipili. Pursuant to the said order, the competent authority on behalf of the Director, Secondary Education appeared before us and stated that by the said order, the Government intended to restore the withdrawal of the recognition to Kasturba Gandhi Women’s College, Manikadeipur, Pipili. This fact is confirmed by Mr. Mohanty, learned Addl. Government Advocate.
5. In view of the confirmation of the Director, Higher Secondary Education, Orissa before us that by the orders in Annexures-2 and 3, the Government has restored the recognition granted earlier to Kasturba Gandhi Women’s College, Manikadeipur, pipili we direct that the Council of Higher Secondary Education, Orissa will treat the recognition of the aforesaid college as restored and grant affiliation accordingly and treat the students of the aforesaid college who had taken the Annual Higher Secondary Examination, 2002 as regular students and publish the results of the said examination on payment of necessary penal fees by the college.
6. Mr. S. D. Das, learned counsel appearing for the Council of Higher Secondary Education, Orissa, however, stated that the recognition that has been granted to the college by the Council was a temporary recognition. We express no opinion on the aforesaid contention of Mr. Das as the materials before us do not indicate as to whether recognition granted to the aforesaid college was temporary or was a permanent.
With the aforesaid observation and directions the writ petition stands disposed of.
P. K. Misra, J.
I agree.