STATE OF ORISSA Vs. MAMTARANI SAHOO

JUDGEMENT

(1.) ALL these appeals arise from a batch of Writ Petitions which were filed before the Orissa High Court by ad hoc Headmasters/Headmistresses who were appointed for a period of six months at a time by the Managing Committee of the concerned schools and were continued in that fashion for a number of years with the approval of the Inspector of Schools. All these appointments expressly contained a term to the effect that they would continue till regularly selected candidates were appointed to the posts in question. The respondents prayed for regularisation and they further prayed for a declaration that the new mode of recruitment set out in executive instructions dated 1-9-90 and 5-6-91 should be quashed and that no new appointments should be made under these executive instructions. The High Court in its impugned judgment has held that until rules are framed under Section 10 (3) of the Orissa Education Act, 1969 the District Selection Board cannot function under executive instructions. It has further directed that the appellants should be continued as Headmasters/Headmistresses until regular appointees are appointed to the said posts.

(2.) THE State of Orissa has filed the present appeal.

(3.) THEREAFTER, the State Government issued a Notification dated 19/12/1990 pursuant to the amended Section 10 (2), constituting a Selection Board for each District to select teachers for Recognised High Schools and Upper Primary Schools. This Notification, however, was superseded by a Notification dated 18-6-91. The composition of district selection boards as set out in this Notification, is as follows : <FRM>JUDGEMENT_753_8_1998Html1.htm</FRM>