PURNIMA SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal has been filed under Section 24-C of the Orissa Education Act, 1969 calling in question the judgment dated 31.3.2010 passed by the State Education Tribunal, Bhubaneswar in G.I.A. Case No. 84 of 2008.

(2.) EXPOSITION of facts shows that Gadibrahma Girls' High School, Jagannathpur was established in the year, 1987, which got recognition in the year, 1992 and has become eligible to receive Grant-in-aid from the year, 1997. On 15.1.1991, the appellant was appointed as Asst. Teacher by the Managing Committee of the School. The School being a 3 Class High School as per the yardstick, over and above the Headmistress, there should be 4 Trained Graduate Teachers, two in Science faculty and 2 in Arts. The appellant when appointed was not a Trained Graduate, but a simple Graduate. Originally, the appellant along with other Trained Graduate Teachers were appointed in the School when she was untrained. In the appointment letter of the appellant, it was mentioned that she has to acquire the training qualification within two years.

(3.) IT is the case of the Managing Committee that the Board of Secondary Education, Odisha vide its letter dated 5.1.1994 addressed to the Secretary of the Managing Committee of the School instructed to replace untrained hands by trained teachers, failing which the recognition of the School shall be held up for the academic session 1993-1994 for which the Managing Committee terminated the service of the appellant with effect from 10.1.1994 and appointed the respondent no. 5, who was a Trained Graduate Teacher (Arts) due to the vacancy caused on account of resignation of Krishna Kumar Senapati, who was originally functioning as Headmaster and thereafter, one of the Trained Graduate Teachers i.e. Rekha Nayak was kept in-charge of the post of Headmistress. The order of termination was challenged by the appellant before the Director of Secondary Education, Odisha, who by his order dated 19.8.1996 set aside the order of termination of the appellant and directed the Managing Committee to take her back into service and adjust her against the post of Trained Graduate Teacher in the School as by that date she already acquired B.Ed. qualification. The said order of the Director of Secondary Education was challenged before this Court by the Managing Committee in a writ petition, which was ultimately dismissed by this Court. The appellant claiming to be senior to the respondent no. 5 filed OJC No. 18689 of 1997. In view of Section 24-B of the Orissa Education Act, this Court transferred the said writ petition to the Tribunal for being adjudicated as a G.I.A. case after which it was registered as G.I.A. Case No. 84 of 2008 in which the impugned judgment has been passed by the Tribunal.