SAUDAMINI PATTNAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner claims to have been appointed as an Assistant Teacher by the Managing Committee of Sadasiva Tripathy Girls' High School, Khetribarpur with effect from 2.8.1982. She acquired B.Ed. qualification on 9.3.1983. She being the only available senior -most teacher, the Managing Committee of the School appointed her as the Headmistress with effect from 9.3.1983 and continuing as such. Undisputedly, the school in question where the petitioner is serving, was a private aided school under the Ganjam Education Circle. The grievance of the petitioner is that even though she was appointed as a Headmistress in terms of Rule 8(3) of Orissa Education (Recruitment and Conditions of Services of Teachers and Staff of the Aided Educational Institution) Rules, 1974, the educational authorities have not accorded approval to such appointment, but she has been treated and shown as Headmistress -in -charge and denied the scale admissible to a Headmistress. The claim is laid in terms of the decision rendered by this Court in O.J.C. No. 5661 of 1993 and it is submitted that the petitioner is eligible and qualified to be appointed as Headmistress and, as such, she having been duly appointed as the Headmistress of the School, the educational authorties could not have refused approval of her appointment and denied her the admissible scale of pay. It is further submitted that in view of the provision of Rule 8(3) of the Orissa Education (Conditions of Service of Teaching and Non -teaching Staff of Aided Educational Institution) Rules, 1984, in absence of a common cadre of trained Graduate teachers and the gradation list of such teachers, the Management is otherwise empowered to appoint a person to the post of Headmistress from among the eligible Trained Graduate Teachers of the school and in such event, the selection would be made on the basis of the length of service and performance as Trained Graduate Teacher.

(2.) THE petitioner was appointed as Assistant Teacher on 2.8.1982 when she had no training qualification. Only on 9.3.1983 she obtained the training qualification and the Managing Committee on the day she acquired B.Ed. qualification, appointed her as the Headmistress by its Resolution, as would be evident from the letter dated 1.8.1983, copy whereof is Annexure -1.

(3.) IN such view of the matter, the writ petition is devoid of any merit and accordingly, it is dismissed. However, in the fact situation of the case, there shall be no order as to costs.