KEDARSWAR MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this application under Art. 226 of the Constitution of India, petitioner has prayed (i) to issue direction to District Inspector of Schools to treat him as ad hoc Headmaster and to pay him his salary as Headmaster directly under Rule 9 of 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') and (ii) to issue direction to the Director to approve the appointment of petitioner as Headmaster.

(2.) PETITIONER joined as teacher in Pipili Mission M. E, School on 1 -5 -1979 in a Trained Matric Post available on account of duplication of Class VI when he was a Graduate without teachers training. This appointment was made regular on 19 -10 -1979. While petitioner was continuing as such, he obtained his B. Ed. degree in January, 1988. In view of his qualification, Managing Committee placed him as the senior most teacher in the school next to the Headmaster in its resolution dated 4 -5 -1988. When Headmaster of the school retired on attaining age of superannuation on 30 -11 -1990, Managing Committee in its resolution dated 1 -12 -1990 (Annexure -4) promoted petitioner as Headmaster. However, District Inspector allowed petitioner to be Headmaster incharge till the post of Headmaster is filled up on regular basis by a. candidate of the Selection Board as has decided by State Government on principle in letter No. 166/90 -2745 (3) EYS dated 18 -1 -1991 which was communicated to the Managing Committee by the District Inspector in his letter dated '26 -2 -1991. This is grievance of the petitioner.

(3.) MANAGING Committee of an Aided Middle School has been vested with powers to appoint staff including Haidmaster : (i) On deputation (ii) on ad hoc basis for a period not exceeding three months; (iii) by direct recruitment; (iv) for six months or till a candidate of the selection board is available whichever is earlier Appointment for six months requires prior approval of Inspector and extension requires prior approval of State Government; (v) from among employees of the school getting salary lesser scale to a post in the higher scale with prior approval of the Director which power is to be exercised depends upon the decision of the managing committee and there is no scope for controlling or regulating such power under the Act and the rules. In O. J. C. No. 2334 of 1991 decided today (17 -6 -1991) (Kailash Chandra Mishra v. State of Orissa and Ors.) we have clearly analysed the scheme of apoointment of Headmaster in an Aided Middle School. Same would have full force in this case also.