LAWS(ORI)-1991-6-29

KAILASH CHANDRA MISHRA Vs. STATE OF ORISSA

Decided On June 17, 1991
Kailash Chandra Mishra Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) Hope of being Headmaster in Teisipur M. E. School, an Aided Educational Institution governed under the Orissa Education Act, 1969 (hereinafter referred to as 'the Act') having been frustrated by the District Inspector of Schools', petitioner has filed this application under Article 226 of the Constitution of India for issue of an appropriate writ.

(2.) PETITIONER being a trained graduate teacher in the school is eligible to be Headmaster. Managing Committee which is the appointing authority has also been satisfied about suitability of petitioner and has passed resolution for his appointment as Headmaster. Condition of service as provided in the Orissa Education (Recruitment and Conditions of Service of Teachers and Members of Staff of Aided Educational Institutions) Rules, 1974 (hereinafter referred to as 'the Rules') having required prior approval of the Director, proposal was sent by the Managing Committee to the District Inspector. In reply, District Inspector has allowed petitioner to be Headmaster in -charge. This is grievance of petitioner.

(3.) MR . J.K. Rath, learned counsel for the petitioner assailed Annexure -7 as being without jurisdiction, unreasonable and unjustified. Mr. P.K. Mohanti, learned Additional Government Advocate, however, submitted that under the present scheme, a common feeding cadre is to be prepared consisting of trained graduate teachers of aided High Schools and Headmasters of aided Middle Schools in the circle as envisaged under Rule 8 (3) of the Rules for consideration of appointment of Headmasters of aided High Schools and accordingly, petitioner having obtained his B. Ed. degree only in 1978, cannot be promoted as Headmaster to come to the common feeding cadre earlier than other trained graduates in other aided Middle Schools who have become trained graduates earlier and yet have not become Headmastets. Mr. Mohanti has relied upon Letter No. 166/90 -2745 (3) EYS dated 18 -1 -1990 of the State Government which is to the effect that post of Headmasters in aided Middle Schools are to be filled up on regular basis by candidates selected by Selection Board. In order to appreciate rival contentions, scheme of the Act and the Rules are to be examined