RAGHUNATH PRASAD HARICHANDAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioners who are working as Section Teachers in Basudev High School in the district of Puri have filed this writ application praying for a direction to the opposite parties to sanction posts of Additional Section Teachers in the school and approve their services from the date of joining as well as for quashing the order dated 24.4.1996 refusing to approve services of the petitioners awaiting necessary sanction for creating additional section teachers posts from the State Government.

(2.) CASE of the petitioners is that Basudev High School is an aided educational institution under a Puri Circle. After introduction of new yard stick on 8.7.81 the school had teaching and non teaching staff in accordance with the said yard stick. Subsequently the students strength increased from year to year and crossed the limits as prescribed under Orissa Education Code. In the year 1988 the student strength in each of the Classes VIII, IX and X became more than 60, as a result of which it was not possible on the part of the school administration to impart teaching to these students in one section. The Managing Committee in its resolution dated 26.7.88 decided to open additional sections in each of those three classes in accordance with Article 285 of the Orissa Education Code. Since a decision was taken to open additional sections in each of the said three classes, further decision was taken to appoint teachers for the additional sections and applications were invited from intending candidates. The petitioner No. 1 was selected as Section teacher in Class Vlll, was appointed by the Managing Committee on 29.7.88 and he had joined in service on 1.8.1988. Appointment of the petitioner No. 1 was approved by the Managing Committee in its meeting dated 20.1.1989. Similarly, petitioner No. 2 was selected and appointed against additional section teacher post of Class IX and he joined the post on 1.9.89. His appointment was also approved by the Managing Committee in its resolution dated 12.1.90. Petitioner No. 3 was appointed against post of additional section teacher of Class X and he joined the service on 1.8.89. The Managing Committee in its resolution dated 12.1.90 approved his appointment. After joining the post, all the three petitioners have been continuing in the school till today.

(3.) A separate affidavit has been filed by the opposite party No. 4, Inspector of Schools, Puri, wherein it is state that though at the time of entry in service in the year 1988 89, petitioners were not eligible to be appointed as they did not have prescribed qualification but roll strength in the concerned classes justified requirement of additional sections. It is further admitted in the said affidavit that the petitioner are continuing as additional section teachers till date as certified by the Headmaster of the school. It is also stated in the said affidavit that the petitioners 1 and 2 acquired required qualification for appointment in 1991 and 1992 respectively and petitioner No. 3 acquired requisite qualification in the year 1996. The school was taken over by the State Government with effect from 7.6.1994 and on the said date only petitioner No. 3 did not have the requisite qualification.