GOKULANANDA PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE post of junior Clerk in Gangadhar Prasad High School, Balasore (hereinafter referred to as 'School') fell vacant on May 5, 1993 due to the death of the incumbent. The Managing Committee of the School by its Resolution No. 6 dated August 17, 1993 decided to fill up the said vacant post and authorised the Headmaster to call for the names from the Employment Exchange. On the basis of the request of the Headmaster, the Employment Exchange sponsored names of 40 candidates. On December 31,1993 the Managing Committee constituted a sub -committee for conducting the selection test. On February 25, 1994 the Managing Committee decided hold written test on April 2, 1994 and viva voce on April 12,1994. In the written test held on April 2, 1994 29 candidates including the present petitioner and opp.party No. 6 appeared. In the written test the present petitioner occupied first position. In the viva voce held on April 12, 1994, 10 selected candidates including the present petitioner and opp. party No.6 appeared and a merit list was prepared.

(2.) ACCORDING to the petitioner he secured highest marks and occupied first position in the merit list and on such basis he was appointed in the said post of Junior Clerk on May 10, 1994 and he joined on May 11, 1994. The petitioner has stated that his appointment was approved by the Managing Committee of the School on May 17, 1994 and he discharged his duties till June 24, 1994 when he received the impugned letter bearing No. 433/94 dated June 22,1994 informing him that the Managing Committee in its meeting held on June 10, 1994 cancelled the Managing Committee's resolution dated May 17, 1994 and all consequential actions including issuance of appointment letter to the petitioner. It was alleged in the said letter that the meeting dated May 17, 1994 was held under duress and the petitioner forced the members of the Managing Committee to adopt a resolution selecting him for appointment. Subsequently the Managing Committee held a fresh viva voce on July 16, 1994 through a sub -committee which recommended the name of opp.party No. 6 for appointment. The petitioner has challenged cancellation of his appointment and appointment of opp.party No. 6.

(3.) THE opp.party No.5 who subsequently joined as Headmaster of the School on August 26, 1994 has filed a counter affidavit supporting the claim of the petitioner. According to opp.party No.5 the Managing Committee of the School in its meeting held on November 18, 1993 initially constituted a selection committee for appointment of Junior Clerk. On December 31,1993 a new selection committee was constituted by the Managing Committee and the President of the Committee was taken in as a member. A written test was held on April 2, 1994 and viva voce on April 12, 1994. On the basis of the performance in the said tests a merit list was prepared. In the said merit list the petitioner's name figured as No.l On May 7, 1994 the Managing Committee of the School resolved to give appointment to the candidates who obtained highest marks in the selection test. On the basis of some complaints received by the Inspectorate, the Inspector of Schools conducted an enquiry regarding the process of selection and was satisfied that the petitioner occupied the first position and was entitled to be appointed. On May 10, 1994 appointment letter was issued to the petitioner. On May 11,1994 the petitioner joined the School after submitting his joining report. On May 17, 1994 the Managing Committee of the School again confirmed the appointment of the petitioner as Junior Clerk. According to the opp. party No.5, every thing was done in lawful manner and there was no reason for cancelling the appointment.