SMT. PRAVATI DASH Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellants along with one Sachindananda Jena preferred G.I.A. Case No. 36 of 2004 under Section 24-B of the Orissa Education Act, 1969 (hereinafter referred to as 'the Act') before the State Education Tribunal, Bhubaneswar making the following prayer: "Under the above circumstances, it is, therefore, humbly prayed that the Hon'ble Tribunal be graciously pleased to call for the original records from the respondents and the present Ex-Secretary of the Governing Body and on scrutiny of the same, the Hon'ble Tribunal be pleased to direct the opposite parties 1 and 2 to approve the appointment of the applicants and to release the necessary Grant-in-aid in their favour from their respective dates of entitlement."

(2.) The appellants' case is that Shantilata Mohavidyalaya, Uitikiri, in the District of Balasore was established in the year, 1980, which got concurrence and affiliation from the State Government and the Utkal University respectively for Intermediate Arts Course. The C.H.S.C., Orissa, Bhubaneswar affiliated the +2 College, which received Grant-in-aid with effect from 1.6.1988. The +3 Wing (Arts) of the college was opened in the year, 1987-1988, which also got concurrence and affiliation. As per the Rules, the Governing Body of the +3 Wing was registered separately on 25.4.1994 with one Shri Satrughna Jena as the Secretary. The said institution received Grant-in-aid in the year, 1991. After registration of the Governing Body of the +3 Wing in the year, 1994, Smt. Santilata Jena became the Secretary of the said Governing Body. The appellants were duly appointed by the said competent Governing Body in different teaching and non-teaching posts as per Annexure-3 to the application filed before the Tribunal, but the opp. parties 4 to 14 before the Tribunal in connivance with the opp. parties 1 to 3 managed to create some records regarding their appointments in the institution and filed a writ petition before this Court being OJC No. 10891 of 2001 for a direction to the Director of Higher Education for verification of the records. The said writ petition was disposed directing the Director of Higher Education to consider the claim of the opp. parties 4 to 14, who were petitioners in the said writ petition, relating to their approval of appointments and release of Grant-in-aid as per law. The opp. party No. 2 before the Tribunal i.e. the Director of Higher Education, recommended the case of opp. parties 4 to 14 without verification of the records for approval of their appointments and release of Grant-in-aid. The appellants along with the said Sachindananda Jena approached the Tribunal in G.I.A. Case No. 36 of 2004.

(3.) The opp. parties 1 and 2 before the Tribunal, who are respondent Nos. 1 and 2 herein, filed their counter affidavit, inter alia, stating that the petitioners have never been appointed in the College and have managed to fabricate and forge records in support of their claim. On the other hand, on verification of the records, it was found that the opp. parties 4 to 14 (respondent Nos. 4 to 14) are regular staff of the College for which a proposal was submitted for necessary approval in compliance with the order of this Court dated 20.1.2004 passed in OJC No. 10891 of 2001. It was further pleaded by the opp. parties 1 and 2 that in pursuance of the direction of this Court in OJC No. 347 of 1989, the Director of Higher Education, Orissa, submitted his report after physical verification on 24.6.1989 where the opp. parties 4 to 14 are found to be the staff of the College. In the aforesaid background, the petitioners have no case.