SHAIKH FARID Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioners in this writ petition have challenged the alleged illegal and arbitrary action of the opp. party No. 3 (Inspector of Schools) in not approving their services who were appointed by the Headmaster -cum -Secretary (Opp. party No. 4) against trained Matric posts.

(2.) PETITIONER No. 1 had requisite qualification to be appointed against a trained Matric Post as he was only a graduate at the time of appointment. Petitioner No. 2 had of course possessed requisite qualification for being appointed against a trained Matric post.

(3.) OPP . Party No. 3 has filed a counter wherein it has been stated that since the petitioners did not possess the requisite? training qualification for being appointed against trained C.T. posts, therefore, their appointment was rightly not approved. It has been further stated that since prior approval has not been taken by the School authority, therefore, the rule does not permit post -facto approval. The appointment of the petitioners being irregular, therefore, the approval to the appointment of the petitioners was not accorded.