ORISSA HIGH COURT ISSUES ORDER ON MANAGING COMMITTEE OF KESABA U.P. (M.E.) SCHOOL OF VILLAGE PALASPALI V/S STATE OF ODISHA AND ANOTHER

CUTTACK, India, Feb. 12 -- Orissa High Court issued the following order on Jan. 12:

1. This writ petition has been filed by the petitioner praying for directing the Director of Elementary Education, Heads of Building, Odisha, Bhubaneswar (O.P. No.2) for implementation of the order dated 28.11.2023 passed in Appeal No.3 of 2019 by the Appellate Court i.e. Minister, School & Mass Education Revenue & D.M., Odisha.

2. Heard from the learned counsel for the petitioner and learned ASC for the State.

3. The law concerning the implementation of the directions issued by the superior authority to its sub-ordinate authority like this matter at hand has already been clarified by the Apex Court in the ratio of the decision between Jayamma & Ors. Vrs. Deputy Commissioner, Hassan Dist., Hassan & Ors. reported in III (2013) CLT 94 (SC) that,

"if Subordinate Authority of the Government does not act in terms of the directions or instructions issued by superior authority, then in such a situation, it is not for the High Court to compel the Subordinate Authority of the Government to comply the instructions or directions issued by the Superior Authority. Because, High Court is not the executing forum of instructions issued by the Superior Authority of the Government to its Subordinate Officer. So, as per law, it is the duty of the Superior Authority of the Government (who passed the order) to see the implementation of his/her own order properly."

4. When the petitioner has filed this writ petition praying for directing the Director of Elementary Education, Heads of Building, Odisha, Bhubaneswar (O.P. No.2) for implementation of the order dated 28.11.2023 passed in Appeal No.3 of 2019 by the Minister, School & Mass Education Revenue & D.M., Odisha and when as per law, it is the duty of the Appellate Court (who had passed the order) to see the implementation of its own order properly, then at this juncture, by applying such principles of law enunciated in the ratio of the above decision of the Apex Court to this matter at hand, it is felt proper to dispose of this writ petition filed by the petitioner finally directing the petitioner to file an application annexing the certified copy of this judgment before the Minister, School & Mass Education Revenue & D.M., Odisha praying for implementation of its final order dated 28.11.2023 passed in Appeal No.3 of 2019 and in case of non-response to the same by the Appellate Authority i.e. Minister, School & Mass Education Revenue & D.M., Odisha, the petitioner is at liberty to approach this Court again seeking appropriate relief for the same and the Minister, School & Mass Education Revenue & D.M., Odisha shall dispose of the application of the petitioner regarding non-implementation of his order within a period of one month from the date of filing of such application.

5. As such, this writ petition filed by the petitioner is disposed of finally.

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