LATA KUMARI BHOL Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner seeks issuance of a Writ of mandamus quashing the Order/letter dated 30.5.1996 vide Annexure 6 and to direct the Opp. Parties 1 and 2 to approve her against the first post of Lecturer in Oriya as decided by the Governing Body vide Annexure 5 and to release the Grant in aid in her favour for the same post.

(2.) AS per her case, Opp. Party No. 3 established a College in the year 1984 in the name of Udala Womens' College which was subsequently re named as Indira Gandhi Mahila Mahavidyalaya. The College got recognition in the year 1988 by the Educational Authorities and got affiliation by the Council of Higher Secondary Education for the Session 1987 88. Though the College was eligible to receive the grant in aid with effect from 1991 92 academic session as per the Grant in aid Order principle of the State Government, it has not received the same as yet. As such, the said College which is a private recognized institution within the meaning of Section 3(p) of the Orissa Education Act, 1969 as amended from time to time.

(3.) IN her counter affidavit Opp. Party No. 4 stated that the Opp. Party No. 3 made an advertisement in daily 'The Samaj' dated 6.7.1984 (Annexure A/4) for recruitment of Principal and Lecturers in different disciplines. The eligibility criteria for both Lecturers and Principal was M.A. with 54% of marks. At the time of selection the petitioner was a mere M.A. in Oriya with only 50% of marks and as such, was ineligible for appointment as Principal or Lecturer. On the other hand, this Opp. Party No. 4 passed M.A. in Oriya in First Division securing 61% of marks. She applied for the post of Lecturer in Oriya and having been selected by the Selection Committee, joined in that post on 22.8.1984. The petitioner who was serving in P.S. College, Badasahi resigned from that College and was relieved on 9.12.1985. She joined in the College on 4.11.1985. After a College gets aid, the Principal post is filled up on the basis of deputation and till then the incharge arrangement use to be made with the approval of the Director, therefore, the petitioner's appointment as Principal when the College was unrecognised and unaffiliated is of no purpose. When this opp. Pparty joined, there was only one post of Lecturer in Oriya. The second post in the same subject came' in the year 1991 and 1/3rd Grant in aid was due in the year 1993. The petitioner was specifically recruited to the post of Principal, whereas Opp. Party No. 4 was recruited to the only post of Lecturer in Oriya about 15 months prior to the joining of the petitioner as Principal. The petitioner had no teaching experience in Oriya and was taking classes occasionally in that stream. So she cannot be treated as a Lecturer in Oriya. She acquired M. Phil and P. Hd. long after joining as Principal. Moreover, 54% marks in Oriya being the basic qualification, holding of M. Phil and P. Hd. would not cure the ineligibility. Only because her appointment as Principal has not been approved, she cannot claim the post of Lecturer in Oriya held by Opp. Party No. 4. Her past experience in a different college may be considered for experience, but not for seniority in the Opp. Party No. 3's college, particularly, when she resigned from the post in the former institution.