BASANTI MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner was appointed as an Assistant Teacher with effect from 1-1-1981 by the Vivekananda Education Society (hereinafter referred to as "the Society") She continued-as such till 31-1- 1982. She was reappointed in the same post on 1-8-1932 and was put in charge of morning section of Oriya medium classes in the Vivekananda Vidya Mandir from 1-8-1983 which post she continued to hold till 26-7-1986 on which date she was dismissed from service. Prior to this, she was put under suspension with effect from 21-7-1986. On 24-7-1986, she was asked to submit her explanation within 24 hours relating to some activities which were regarded in the nature of gross indiscipline and anti-institutional. The petitioner denied the charges by filing her reply on 26-7-1986 in which a point was also taken that the principles of natural justice had been violated by giving only 24 hours' time to reply. On the same day her services were terminated by stating that the explanation was not satisfactory.

(2.) Feeling aggrieved the petitioner preferred an appeal before the State Educational Tribunal as provided in Section 10-A (3; of the Orissa Education Act, 1969 (for short, "the Act"). The learned Tribunal has however dismissed the appeal on the ground that the same is not maintainable because the educational institution in which the petitioner was employed having been established and administered by the minorities as contemplated by Art. 30(1) of the Constitution, the provisions of Act including Section 10-A (3) have no application because of what has been stated in Section 2 of the Act. The petitioner has assailed this order of the Tribunal as well as her order of termination, in this application under Arts. 226 and 227 of the" Constitution.

(3.) Shri Patnaik appearing for the petitioner his advanced these arguments :