JAMBESWAR MAHAVIDYALAYA Vs. DIRECTOR, HIGHER EDUCATION

JUDGEMENT

(1.) The petitioner in W.P.(C) No. 4828 of 2009, the Governing Body of Jambeswar Mahavidyalaya, Garasang in the district of Balasore has filed this application challenging the Office Order No. 5711 dated 12.02.2009 passed in appeal by the Director, Higher Education, Odisha, Annexure-1 declaring the termination of services of opposite party no.2 as Lecturer in "Oriya" void and directing the Secretary of the Governing Body to take back him into service and regularize the breakage period of service. The very same order has been challenged by one Rama Chandra Padi in W.P.(C) No. 604 of 2012, who has been appointed as Lecturer in "Oriya" against the termination vacancy of opposite party no.2. Both the writ petitions having arisen out of same cause of action and the same appellate order were heard together and are disposed of by this common judgment.

(2.) The short facts of the case, in hand, are that Jambeswar Mahavidyalaya, Garasang, hereinafter to be referred to as "the college" is a recognized unaided educational institution. The said institution is not put to the grant-in-aid fold of the State Government and therefore, comes under the provisions of section 3 (p) of the Orissa Education Act. However the provisions of the Orissa Education Act and the Rules made thereunder are applicable to the said institution and to its employees. The college imparts curriculum in Arts and Science faculties of +2 courses as has been provided under the Council of Higher Secondary Education Orissa. The institute is affiliated to the Council of Higher Secondary Education Orissa and conducts the council examination of the eligible pupils of the institution as per the courses of studies and curriculum prescribed and provided by the council. The State Government extended its recognition in favour of the institution having optional subjects, such as Political Science, History, Economics, Logic, Sanskrit and Education besides compulsory subjects such as English and MIL (Oriya). So far as optional subjects are concerned, except Sanskrit and Education for all other optional subjects the college was permitted to have 128 seats and for Sanskrit and Education, 64 seats. For compulsory subjects such as English, MIL (Oriya) and Hindi 128 seats were permitted for each such subject. The Council of Higher Secondary Education, Orissa also extended such sanction strength in favour of the institution. From this it is evident that Oriya subject has been sanctioned by the educational authorities as well as by the Council. In the Science Stream also MIL (Oriya)/Hindi were sanctioned having total 128 seats for both.

(3.) In respect of one of its compulsory subject, namely, Oriya, Sri Krushna Chandra Jena-opposite party no.2 was appointed as Lecturer vide Governing Body Resolution No. 18 dated 11.3.1995 and accordingly the Secretary of Governing Body issued necessary appointment letter on 13.03.1995 pursuant to which, he joined on 28.03.1995. As per the Orissa Higher Secondary Education Regulations, 1982, Appendix-I, under Chapter-6, the teaching staff of the college should have at least 2nd class Master's Degree in the concerned subject with a minimum of 54 percent marks. Opposite party no.2 having secured 52 percent marks in M.A. in Oriya, the appointment order was issued with a condition that he would improve his percentage of marks to 54 percent. He having not improved his standard within three years, as per the previous resolution dated 31.12.1999, it was decided in the Governing Body Meeting to issue show cause notice to opposite party no.2 for termination of his services and accordingly on 14.1.2000 show cause notice was issued to himwhich he refused to accept as was reported by the process server vide his report dated 13.01.2000. In addition to the lack of minimum percentage of marks, opposite party no.2 remained unauthorizedly absent from the college since 11.3.2000. As there was gross dislocation in academic curriculum, another show cause notice was issued to him on 27.3.2000 which also he refused to accept. Therefore, the Governing Body passed resolution to take disciplinary action against him, vide resolution dated 4.2.2001, and consequent upon that the termination order was passed on 7.2.2001.