KABITA DHAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner has filed this petition challenging the inaction of the opposite parties in not considering her case for approval of appointment as Lecturer in English of Rani Sukadei Mahila Degree Mahavidyalaya, Banki in the district of Cuttack and seeking for a direction to round off the percentage of her marks 54.6% (in Master's Degree Examination) to 55% in consonance with the circular issued by the Government of Orissa in Education and Youth Services Department vide letter No.32578(2)- III E/A-55/89-EYS dated 25.7.1989 under Annexurer-5.

(2.) Rani Sukadei Mahila Degree Mahavidyalaya was established at Banki in the district of Cuttack having Arts faculty only in +2 or +3 courses. Initially the college was established having +2 wing in the year 1993-94 with Arts stream and the said Junior College received temporary recognition from the Directorate of Higher Education and thereafter +3 Degree Arts stream was opened in the year 1998-99 and the degree courses received affiliation from the Utkal University. Both the Junior College and Degree College was a Women's College and the degree courses received its recognition and affiliation on or before 1st June, 2000. Therefore, the institution in question is eligible to receive block grant in terms of Rule 4 of the Orissa (Nongovernment Colleges, Junior Colleges & Higher Secondary Schools) Grantin- aid Order, 2008, hereinafter to be referred to as "Grant-in-aid Order, 2008". As such, the college in question is an aided educational institution within the meaning of Section 3(b) of the Orissa Education Act, 1969 and the teaching and non-teaching staff of the Institution are regulated by the provisions contained in Orissa Education Act and the Rules framed thereunder. In order to fill up the post of Lecturers in various disciplines including English in +3 Degree courses, applications were invited by publishing a notice widely. Pursuant to such advertisement/ notice, the petitioner, who has acquired the Post Graduation qualification in English securing 54.6% of marks submitted her application for consideration for appointment as Lecturer in English. By following due procedure of selection, she was selected to be appointed as Lecturer in English and accordingly, order of appointment was issued in her favour vide letter dated 16.6.1998, pursuant to which, she joined on 23.6.1998 and discharging her duties as Lecturer in English in the college since then.

(3.) Mr.H.M.Dhal, learned counsel for the petitioner states that the petitioner has acquired Master's Degree in English from Revenshaw (Autonomous) College being placed in 2nd Division securing 437 marks out of 800 marks in the subject English, which comes to 54.6%. While the petitioner was continuing as Lecturer in English, as per the Grant-in-aid Order, 2008, which came into force with effect from 7.1.2009, proposal in prescribed Form-A was submitted to the opposite party no.2 for approval of the post of teaching and non-teaching staff of the college and to release grant-in-aid, which was received by the Directorate on 17.4.2009. All the documents for the purpose of verification has been submitted and such documents have been duly verified by the authorities and accordingly, notification was issued in the website of the Department indicating the teaching and non-teaching staff, which are approved. As it appears, the petitioner's name did not find place in the said notification in the order of approval of the post. So the petitioner analyzed about the matter and came to know that the post in which the petitioner was working was not approved because the petitioner has not secured 55% of marks in M.A. examination. It is stated that such action of the authorities is contrary to the Government circular dated 25.7.1989 issued under Annexure-5 under which the Government in Education & Youth Services Department has taken a decision that candidates, who have secured 54.6% of marks or more, but below 55% at the Master's Degree Examination that should be rounded up to 55%. Undisputedly the petitioner has secured 54.6% marks in M.A. Examination and the said marks ought to have been rounded off to 55% in view of Annexure-5. But without doing so, approval of the post held by the petitioner has not been done by the authorities. It has also been brought to the notice of the Court by learned counsel appearing for the petitioner that similar question came up for consideration before this Court in W.P.(C) No. 8653 of 2010 (Krupsindhu Mishra v. State of Orissa and others) disposed of on 03.08.3010 and W.P.(C) No.17095 of 2010 (Manoranjan Nayak v. State of Orissa and others) disposed of on 30.11.2010 wherein this Court directed the authorities to take a decision on the approval of the appointment of the incumbents and sanction of grant-in-aid treating his/her percentage of marks as 55% and therefore, applying the ratio of the said orders, the marks secured by the petitioner i.e. 54.6% should be rounded off to 55% taking into account the circular in Annexure-5 and extend the benefit of approved her post as Lecturer in English by granting block grant in accordance with law.