ANTARYAMI RATH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THESE two writ petitions require answer of two important questions. These are:- (1) Whether the Managing Committee of a 'private educational institution' is amenable to writ jurisdiction of this Court, and (2) Whether an order of reinstatement can be passed even if it is found that the service of a teacher of such an institution has been illegally terminated.

(2.) TO answer the aforesaid two questions, let the broad facts of the two cases be noted. In so far as the petitioner in O. J. C. No. 357/83 is concerned, he was appointed against a trained graduate post in Panchayat High School some time in August 1981. This school is admittedly a 'recognised educational institution' as defined under Section 3 (k) of the Orissa Education Act, 1969, hereinafter called, 'the Act'. In January, 1983, however, the petitioner received a letter from the Secretary of the Managing Committee stating that he had been relieved of his duties on the ground of negligence in duty and misconduct. No enquiry had been held before terminating the service of the petitioner, but the matter was discussed in the Managing Committee and a decision was taken to terminate the service of the petitioner. The petitioner in O. J. C. No. 3116/85 was appointed as an Assistant Teacher in Bhanra Panchayat School in February, 1983 - the school having received recognition only in November, 1982. The petitioner soon joined his duties. His service was, however, terminated with effect from November 28, 1985 on two grounds, namely, that he had misappropriated the school cash and was in unauthorised long absence. In the present case also, there was admittedly no enquiry before terminating the service of the petitioner, but in this case also the Managing Committee had deliberated over the matter and decided to terminate the service of the petitioner.

(3.) THE prayer of the petitioners in both the cases is to set aside the order of termination which give the consequential relief of reinstatement. The same had been opposed by the school authorities on two grounds, namely, (1) they are not amenable to the writ jurisdiction of this Court and (2) in any case, order of reinstatement cannot be passed in a case of the present nature.