NARAHARI ROUT Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE grievance in this application relates to the appointment of opp. party No, 3 as trained graduate teacher in the. school in question. This opp. party was appointed in the school on 7 -12 -1972 as classical teacher where as the petitioner found his berth in the school on 18 -3 -1975; When the petitioner was appointed, he was I. Sc, B. A. and subsequently obtained his B. Ed. degree during the session 1976 -77, Opp. party No. 3 was i. A. , B. A. (Sanskrit) at the time of his appointment and got. B. Ed. degree in 1976 -77. The rule relating to appointment to the post in question, Rule 8(2j(b) of the Orissa Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational institutions) Rules, 1974, read as below at the relevant time ;

(2.) A doubt was entertained at one stage as to whether a class. teacher like opp. party No, 3 could be considered for the post of trains graduate teacher. This was clarified' by the Government which was communicated to the Secretary of the School vide Annexure 5 which required the Secretary to send necessary proposal with required documents' of opp. party No. 3 who was officiating against the post of classical teacher. After this communication was received, the Secretary sent Annexure -6 to the inspector of Schools narrating the respective qualifications and experience of both the candidates and left the matter open for consideration by the Inspector After the reply of the Inspector was received, the matter was taken up by the Managing Committee in its meeting held on 15 -9 -1982 and keeping in view the qualifications, opp. party No. 3 was promoted to the 4th trained graduate post. The resolution, however, stated the promotion was on probation and was subject to satisfactory discharge of duty and conduct.

(3.) AS to the experience, the case of opp. party No. 3 is that though he was appointed as classical teacher, the was teaching from his very appointment Oriya in Class lX, History in Classes lX and X and English in Class VIII it Cannot, therefore, be S3id that the experience of opp party No. 3 Is confined to teaching of Sanskrit alone. As to the performance of op), party No. 3, we owould like to refer to Annexure C/2 which shows that the Managing Committee itself confirmed this opp. party in his service after receiving a report from the Headmaster which would show that the performance must have been taken to be satisfactory by the Managing Committee.