SRIKRUSHNA MISRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THESE two writ petitions have been heard together and will be disposed of by this common judgment.

(2.) PETITIONER, a member of the Lower Subordinate Education Service, filed Order J. C. No. 511 of 1978 challenging the promotions of Order P. Nos. 4 to 12 to the Subordinate Education Service on ad hoc basis. During the pendency of that writ petition, the State Government issued the Orissa Subordinate Education Service (Regularisation of Recruitment and Conditions of Service of Irregular Recruits in the Offices Subordinate to the Director of Public Instruction (Schools) (General Branch) Rules, 1978 (hereinafter referred to as the "regularisation Rules") regularising the ad hoc promotions of Order P. Nos. 4 to 12. Thereafter, the petitioner filed Order J. C. No. 144 of 1979 challenging the said Rules as unconstitutional and void.

(3.) THE Orissa Subordinate Education Service (General Branch) Rules, 1972 (hereinafter referred to as the "recruitment Rules" came into force on 14-9-1972. Under Rule 3 thereof all the Subordinate Officers under the control of the Director of Public Instructions (Schools), Orissa were brought under one unit and the service in respect of that unit formed one cadre consisting of two grades--Junior and Senior. Rule 4 provides that recruitment in respect of the posts in the Junior grade shall be made by (i) examination in accordance with Rs. 6, and (ii) selection in accordance with Rule 10a. Rule 10 A provides the conditions of eligibility for recruitment by selection, The conditions are: (a) the candidate must have served in the Lower Subordinate Education Service (L. S. F. S. for short) for at least a continuous period of three years and (b) he must have passed a Bachelor's Degree or an equivalent examination of a recognised University and must have successfully undergone a course of training equivalent to Bachelor of Education. According to Rule 10b a Selection Committee constituted under Rule 15 shall select candidates eligible for recruitment by selection.