ANJALI BALA GIRI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner who is working as a Lecturer in Oriya, has filed this writ application challenging the action of opposite parties 1 and 2 in not approving her appointment. She has further prayed for a direction to approve her appointment and release the grant -in -aid in her favour.

(2.) THE case of the petitioner is that she was appointed by the Governing Body of the Women's College, Nabara in the district of Balasore on 13 -7 -1987 and she joined against the first post of Lecturer in Oriya on the same day. While continuing as such, the Governing Body of the, college passed a resolution confirming the appointment of the petitioner against the said post and the petitioner being the senior most Lecturer in the college was allowed to remain in charge of the Principal by order of theGoverning Body in the year 1987 -88. The college got concurrence from the State Government with effect from the academic sessions 1989 -90 and the Council of Higher Secondary Education also granted affiliation in respect of plus -two Arts stream from the academic session 1989 -90. After coming into force of the new grant -in -aid order, the principal of the college was required to submit necessary proposal for approval of the appointment of the staff for release of grant -in -aid and accordingly in the month of February, 1995 a proposal was submitted by the Principal in -charge to the Director, Higher Education for approval of the appointment of the petitioner against the first post of Lecturer in Oriya and for release of grant -in -aid in her favour. After the proposal was received by the Director, Higher Education, the Principal of the college was directed to produce all the original records for verification which was complied with. The verification of records was also conducted. A notification was published on 8 -7 -1996 by the State Government wherein a list of non -Government junior colleges were declared to be aided educational institutions with effect from 1 -6 -1994, The list included the name of the women's college where the petitioner is working, at serial No. 1. The appointments of the staff of the college where the petitioner is working were approved but so far as the petitioner is concerned, no order was passed on the ground that the petitioner did not have the requisite qualification for appointment as Lecturer in the non -Government college.

(3.) COUNTER has been filed on behalf of opposite party No. 2. In paragraph 3 of the counter the marks secured by the petitioner at different levels have been mentioned. It appears that the petitioner bad secured 40.1 per cent at H.S.C. level, 43.5 per cent at I. A. level, 38.3 per cent at Graduate level and 54.2 per cent in Post -Graduate level. It is further stated in the counter that at the time when the petitioner was appointed as a Lecturer, the minimum percentage of marks and qualification at Degree and Post -Graduate levels required for such appointment was as follows : - -