STATE OF ORISSA Vs. SUBHRANTA KU. MOHANTY

JUDGEMENT

(1.) Aggrieved against the order of the High Court allowing the writ petition filed by the writ petitioner (hereinafter referred to as "Respondent 1") and directing the State of Orissa, the appellants herein, to approve the appointment of Respondent 1 as Headmaster of Bhagabati High School (Respondent 2) and allow him the Headmaster's scale of pay w.e.f. the date he is entitled to the said scale, the present appeal has been filed.

(2.) The brief facts are: Respondent 2 Bhagabati High School was established in the year 1981-82. Respondent 1 was appointed as Assistant Teacher in that School although he did not have the requisite qualification of BEd. He was promoted to the post of Headmaster by the management of the School on 11-11-1984.

(3.) At that point of time, the School was not a recognised institution. The School was recognised by the appellant State on 10-12-1984. The Board recognised the School on 3-10-1985. Regulation 17 of Chapter IX of the Regulations of the Board of Secondary Education, Orissa provided that only a trained graduate in Arts or Science with minimum seven years of experience after training could be appointed as a Headmaster. On 9-3-1990, Respondent 1 completed seven years of experience as a trained teacher. On 22-5-1995, the respondent was appointed by the management of the School again as Headmaster w.e.f. 9-3-1990. The School was given the grant-in-aid on 29-9-1995 w.e.f. 1-6-1994.