GOKULANANDA RAY Vs. STATE OF ORISSA AND ANOTHER

JUDGEMENT

(1.) The petitioner, a Lecturer in the department of Political Science of Bhadrak College (hereinafter referred to as the College) has filed this application under Art. 226 of the Constitution seeking a writ of mandamus directing the State Government to consider his case for appointment to the post of Reader and to appoint him in the said post with effect from 9-3-1971 with all service benefits retrospectively.

(2.) In course of hearing of the case, the learned counsel for the petitioner confined his case to the relief of a direction to the State Government (O. P. No. 1) to refer the case of the petitioner to the Orissa Public Service Commission for consideration about his suitability to be appointed to the post of Reader. In view of this submission, scope of the writ petition has become very much limited. As such it is not necessary to state in detail the averments contained in the writ petition and the counter-affidavit filed by the opposite parties. It is sufficient for the purpose of this proceeding to state that the Bhadrak College was a private educational institution till the State Government decided to take over management of the institution along with two other private institutions viz., Khallikote College, Berhampur and panchayat College, Bargarh with effect from 9-3-1971. The petitioner was initially appointed as a Lecturer in Political Science department of the College on 19-5-1965. Subsequently, he was given promotion to the post of Reader and he was confirmed against the said post. He was also appointed as Principal of the College for the period commencing from 5-2-1970 till 19-12-1979. According to the petitioner, he took over stewardship of the College at a very difficult time when the institution was beset with serious problems including problem of law and order in the campus. After the State Government took over the management of College a set of instructions was issued on 23-3-1971 laying down the principles on which the existing staff of the College will be considered for absorption in Government service vide Annexure-4 to the writ petition. The relevant portions thereof, so far as the present case is concerned, are quoted hereunder:-

(3.) The petitioner relying on the aforesaid decisions submits that while referring the case of the petitioners in the aforesaid cases and other lecturers to the P.S.C. for consideration, his case was erroneously kept out. He further submits that he is entitled to similar treatment as the petitioners in the earlier writ petition and his case should have been sent to the Commission for consideration for appointment to the post of Reader with effect from 9-3-1971 i.e., the date of take over of the management by the State Government.