ADITYA PRATAP DHAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) PETITIONER is working as a Lecturer in Baya Abadhut Mohavidyalaya, Kainmul in the district of Jagatsinghpur. He was appointed against the 1st post in Oriya on 29.7.1987. The petitioner has approached the portals of this Court being aggrieved by the order dated 13.7.1998 (Annexure -3) passed by the Director, Higher Education rejecting the proposal sent by the Principal -in -charge of the aforesaid institution requesting to approve his appointment and for sanction of grant -in -aid, mainly on the ground that he had not secured 2nd Class Honours with minimum 45% of marks in the aggregate at the Degree Examination as per the resolution of the Government dated 13.9.1983.

(2.) BAYA Abadhut Mohavidyalaya, Kainmul was established in the year 1986 -87 and received concurrence from the Government during the academic session 1988 -89 as a Junior College having +2 wings in Arts stream. The college also got affiliation from the Council of Higher Secondary Education during the same academic session 1988 -89 and has been presenting students for appearing in +2 Examination conducted by the Council of Higher Secondary Education all these years. Petitioner, who secured Masters degree in Arts in Oriya from Utkal University and had secured 53.75% of marks, applied in the year 1987 for being appointed as a Lecturer in Oriya against the vacant post. The Governing Body of the college after observing all paraphernalia and conducting interview, selected the petitioner and appointed him against the said post with effect from 24.7.1989 (Annexure -1). The appointment of the petitioner was confirmed by the Governing Body of the College on 7.1.1990. Since the petitioner had secured more than 53.5% of marks, which is equivalent to 54% in conformity with the provisions of the Higher Secondary Regulation, 1992 and possessed all other requisite qualifications, proposal was sent by the Governing Body to approve his appointment and to bring the post within the fold of grant -in -aid with effect from 1.6.1994. The proposal, as stated earlier, was considered by the Director and the same was turned down vide Annexure -3 mainly on the ground that the petitioner had not secured 2nd Class Honours with minimum 45% of marks in aggregate at Degree level as prescribed by the Government in resolution dated 13.9.1983. The reasons assigned by the Director, it is submitted, are contrary to Rules and otherwise illegal and unjustified and a prayer is made to quash the same.

(3.) COUNTER affidavit has also been filed by the Deputy Director, Higher Education, on behalf of opposite parties 1 and 2 repudiating the averments made in the writ application and taking a stand that the State Government in the department of Higher Education by notification dated 4.4.1991 prescribed the educational qualification to hold the post of Lecturer in a Junior college/Higher Secondary Schools in the year 1991. The petitioner joined the college in the year 1987 against the 1st post in the department of Oriya. The said post became admissible to the college with effect from 1.6.1988. In the year 1988, it is stated, the minimum educational qualification prescribed by the Government to hold the post of Lecturer was : -