BRUNDABATI DEI Vs. SWARNAPRAVA SAHOO

JUDGEMENT

(1.) This review petition has come to be filed by one Brundabati Dei seeking to review the order dated 02.07.2010 passed by this Court in O.J.C. No.5672 of 1997 on the ground that the said order clearly indicates error of fact on the face of the record.

(2.) Bereft of unnecessary details, it would suffice to note here that one Charubala Senapati claiming to be the Headmistress of Birakishore Girls' High School, At/P.O. Bagalo, Baharana (for short, "B.K. Girls' High School") along with two others namely, Rama Ojha and Brundabati Dei had filed OJC No. 2217 of 1990, whereas Smt. Charubala Senapati claimed that she was the Headmistress of B.K. Girls' High School appointed by a validly constituted Managing Committee of the school in question. She alleged that one Dipti Pratihari who had been indicated by the incumbent Managing Committee had been subsequently appointed as Headmistress in her place. It appears that the further allegation was that the petitioner No.2-Rama Ojha (in OJC No. 2217 of 1990) and the present review petitioner-Brundabati Dei who had also been appointed at the inception of B.K. Girls' High School in the year 1983 had also not been permitted to perform their duties by indication of certain individuals in her place. It is important to note here that in the said writ application, one Swarnaprava Sahoo claiming to be the PET in the said school had been impleaded as opposite party No.9 in OJC No. 2217 of 1990. The said writ petition along with another writ petition, i.e., OJC No.730 of 1983 filed by the persons claiming reconstitution of Managing Committee of B.K. Girls' High School came to be disposed of by this Court by a common order dated 17.03.1993 with a direction to the Director, Secondary Education, Orissa, Bhubaneswar (for short, "Director") to determine the disputed question of fact and to decide whether Smt. Charubala Senapati or Smt. Dipti Pratihari was the Headmistress of B.K. Girls' High School and to carry out an indepth inquiry into the matter and take a final decision thereon. It appears that as a consequence of the aforesaid direction, the Director conducted an inquiry and after permitting to all parties to represent their respective cases passed order dated 04.08.1993 (Annexure-10 in OJC No.5672 of 1997), wherein he came to a conclusion that the meetings held subsequent to 24.09.1985 and accordingly held the resolution of the Managing Committee of the School in question dated 24.09.1985 to be legally invalid, consequently, the appointment of Smt. Pratihari as Headmistress was held to be invalid. Therefore, the other appointments as Asst. Teacher and Headmistress (in-charge) as the case may be cannot be taken to be valid. Paragraph 15 of the said order of the Director is extracted here-in-below:

(3.) After having held the appointment of Smt. Dipti Pratihari as Asst. Teacher and Headmistress (In-charge) invalid, considering her issue on humanitarian point of view, the Director directed the Managing Committee of the School in question, to retain her as Asst. Teacher. Insofar as other employees including the review petitioner-Brundabati Dei are concerned, the Director issued certain direction in paragraph-20 of its order dated 04.08.1993, which reads thus: