KABI PRADHAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) We have heard learned counsel for the parties.

(2.) The petitioner, in the present writ petition filed under Article 226 of the Constitution of India, has put to challenge a common order dtd. 27/1/2012 passed by the Odisha Administrative Tribunal, Cuttack Bench, Cuttack ('the Tribunal' in short), whereby his original applications i.e. O.A. No.1759(C) of 2000 and O.A. No.3410(C) of 2002 have been disposed of.

(3.) Certain facts, not in dispute, deserve to be taken note of at the outset. The petitioner had joined as an Assistant Teacher in Jandol High School in the district of Sambalpur on 30/10/1990. The said school was taken over by the State Government with effect from 7/6/1994 by way of a Resolution dtd. 16/12/1994. Later, on 29/4/1995, the Government is said to have approved a post of Additional Sec. Teacher in the said school. The petitioner's appointment in the said school was approved, with the issuance of an office order No.8506 dtd. 12/6/1998 by the Inspector of Schools, Sambalpur Circle, Sambalpur. It was specifically stipulated in the said office order dtd. 12/6/1998 that the persons, whose services were being approved, must acquire B.Ed training within two years from the issuance of the said office order, failing which the approval would stand cancelled automatically. Acting upon the said office order dtd. 12/6/1998, the petitioner functioned as an Additional Sec. Teacher. The petitioner approached the Tribunal by making an application registered as O.A. No.1759(C) of 2000 seeking a relief to exempt him from the requirement of passing B.Ed examination within two years and to allow him one more year to pass the said examination. Later, by an order dtd. 9/3/2001, the services of the petitioner was directed to be terminated pending final decision in O.A. No.1759(C) of 2000 before the Tribunal. Questioning the legality of the said order dtd. 9/3/2001, the petitioner filed another original application before the Tribunal giving rise to O.A. No.3410(C) of 2002. The said two original applications have been decided by the Tribunal by the common order, which is impugned in the present proceeding.