MONIKA NAYAK Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner was appointed as a Lecturer in Sociology in B.N.M.A. College, Paliabindha in the district of Bhadrak by office order dtd. 14/12/1993. Pursuant to such order, the petitioner joined in her post on 22/12/1993. The said college was established in the year 1975 and from its inception it received concurrence and affiliation in Sociology subject at the Degree level. It got permanent affiliation and concurrence in Sociology at +3 Arts from the session 1994-95 as per notification dtd. 3/1/1997 of the Utkal University. The petitioner was teaching Sociology in the +2 and +3 levels in the college. The Director, Higher Education, by letter dtd. 20/5/2005, restricted several subjects including Sociology in the +3 Arts from the academic session 2005-2006. Since then the petitioner has been teaching Sociology in +2 classes. Several communications were made by the college with the Director for retention of the restricted subjects including Sociology on the ground that the students are deprived of getting scope for admission in the subject.

(2.) A counter affidavit has been filed on behalf of the Government. While the basic facts relating to the establishment of the college in 1975, grant of permission to it by the Government, appointment of the petitioner etc. have been admitted, it is stated that due to shortage of student strength in subject Sociology in +3 wing, the Director of Higher Education restricted the said subject as an optional subject from the academic session 2005-2006 as per law. Thereafter, the petitioner taught the optional subject Sociology only in the +2 Arts wing in the college.

(3.) The petitioner filed a rejoinder basically contending that the subject Sociology got Government concurrence in the Intermediate Arts with 128 seats with effect from 1978-79 and the said 128 seats was increased to 256 seats. The Sociology subject with 256 seats in +3 Arts got permanent affiliation. The petitioner was given appointment in 1993 and two teaching staff are admissible for the workload for the subject Sociology since the institution was then a composite college. The UGC scale and State scale were given to one post of lecturer in Sociology even if two posts of teaching staff in the subject were admissible considering the workload. Though the appellate authority lifted the subject restriction but made the same self-financing without giving it continuity from the date of imposition of the restriction till its lifting. It is further stated that similar benefit was granted in case of Jaydev College of Technology at Naharkanta.