SHRIMATI SNEHAMAYEE SAHU Vs. THE SECRETARY TO GOVERNMENT OF ORISSA, URBAN DEVELOPMENT DEPARTMENT AND ORS.

JUDGEMENT

(1.) THE Cuttack Municipality, the Executive Officer whereof is opposite party No. 2, runs Girls ' High School within the Town. Opposite party No. 3, who had passed Intermediate in Science was appointed as a Science Teacher in the said School with effect from 22 -7 -1965. According to Petitioner he was adjusted in the scale of pay prescribed for a Matriculate with training. Petitioner alleges that though there had been a sanctioned post for a trained Science Graduate in the said School. when an appropriate Teacher was not available for quite some time, the post was converted to that of an Arts Graduate Teacher and had been filled up. Petitioner is a trained Science Graduate and was appointed as a Lady Science Graduate Teacher in the Government Girls ' School at Keonjhar. Sometime in 1969, she was transferred to the Pattamundai Girls ' High School. In December, 1969, the State Government in the Education Department, prescribed that Lady Teachers only should be posted in Girls ' Schools and wherever male teachers have been posted, steps should be taken to withdraw them at an early date (vide Annexure -3). In July, 1971, opposite party No. 3, who had in the meantime taken the Bachelor 's Degree in Science was allowed on his own application to join the B.Ed. course The Executive Officer of the Municipal Council called for applications to fill up the vacancy thus arising and the name of Petitioner was sponsored by the employment Exchange. In August, 1971, Petitioner was selected for appointment on interview. With effect from September 9, 1971, Petitioner came to be appointed as an Assistant Mistress in the post of Trained Science Graduate on appropriate scale of pay. In January, 1972, the Municipal Council resolved that Government be requested to sanction the post which Petitioner had been holding with effect from 1 -9 -1971. On 14th March, 1972, Government sanctioned the post with effect from 15 -9 -1971. In mid -May of 1972, opposite party No. 3 returned after training but by then the results had not been published and he was allowed to join in the previous post held by him in the pay scale of a trained Matriculate and on the same day Petitioner 's service was terminated saying that the same was no more required. On Petitioner 's protests and representations, on 10th of July, 1972, the order of termination was recalled and Petitioner was allowed to continue as a Trained Science Teacher, but a note in the order issued was appended that the position will continue until opposite party No. 3 became a trained Teacher. In August, 1972, opposite party No. 3 's results were declared and he passed the B.Ed. Examination. In January, 1973, opposite party No. 3 was transferred to another High School run by the Municipality at Rajabagicha against the post of a trained Intermediate in Arts Teacher, but he avoided to report to duty and made a representation to the Urban Development Department of Government (opposite party No. 1). The Municipal Council submitted a reply to the State Government wherein Petitioner alleges in her rejoinder -affidavit that her stand was completely supported and the Municipal Council relied upon the Government direction that the post in the Girls ' High School had to be filed up by a Lady Teacher. On 9th of June. 1973, the State Government allowed the representation of opposite party No. 3 and directed that he should be allowed to remain in the Girls ' High School as against the post of Trained Science Teacher. On 12th at September. 1973, the Executive Officer of the Council passed the following order:

(2.) THE facts alleged in the writ application to provide the foothold for the various contentions raised by Mr. Rath for Petitioner have been seriously disputed both by the Municipal Council as also the opposite party No. 3. Ordinarily, in the face of such disputed facts, we would have declined to entertain the writ petition and required Petitioner to agitate her grievance in an appropriate Court, but in this case, however, we find a special feature to which we will advert now.

(3.) WE would accordingly quash the order in Annexure -9. Consequently the arrangement made by the Municipality shall revive. It is appropriate at this stage to draw the attention of the Municipal Council to the communication from the Education Department (Annexure -3) that no male teachers should be posted in Girls ' Schools. We do not know whether the said direction binds the Municipality, but we think it appropriate that the Municipal Council should keep that direction in view when making its own arrangements.