KUMUDINI JEE Vs. BOARD OF SECONDARY EDUCATION, ORISSA

JUDGEMENT

(1.) IN this writ petition under Articles 226 and 227 of the Constitution of India the petitioner has approached this Court challenging the entire selection process to the post of Headmaster and has prayed for quashing the selection/appointment to the post of Headmaster, Secondary Board High School, Cuttack.

(2.) THE fact situation on which the petitioner has filed this writ petition is that she is serving as a Trained Graduate Science Teacher in the Secondary Board High School (hereinafter referred to as the 'School) with effect from 28.7.1976 and she is also the Headmaster -in -charge of the said school since 1.12.2003. Opposite party No.1 (Secretary, Board of Secondary Education, Orissa, Cuttack) issued an advertisement inviting applications from eligible candidates for the post of Headmaster of the School. The said advertisement is quoted as under : - "BOARD OF SECONDARY EDUCATION, ORISSA, CUTTACK -1 ADVERTISEMENT No.5922 (Spl. Estt.) Date : 10.11.03 Applications are invited from the eligible candidates in plain paper with complete bio -data for the post of Headmaster, Secondary Board High School, Cuttack in the scale of pay of Rs.6500 -200 -10,500/ - with usual DA and other financial benefits as prescribed by the Board from time to time. The applicant should be a Trained Graduate having previous experience as Headmaster/Asst. Teacher in any recognized/Govt. (New)/Govt.(old) High School for a period of at least 20 years as a trained graduate teacher. An applicant in service should apply through proper channel. Retired/re -employed persons need not apply. The last date for receipt of application by Registered post or in person is 30.11.2003. The application received after the due date shall not be entertained. The authority will not be responsible for any postal delay. The application should be sent to the Establishment Officer, Board of Secondary Education, Orissa, Post : Bajrakabati Road, Cuttack -753001. Sd/ - HN. Das Secretary" The eligibility criteria in the advertisement (Annexure -3) were (i) the applicant should be a Trained Graduate having previous experience as Headmaster/Assistant Teacher in any recognized/Govt. (New)/Govt.(old) High School for a period of at least 20 years and (ii) an applicant in service should apply through proper channel. Petitioner has stated that she is a Postgraduate in Mathematics and has passed B.Ed. examination with distinction in the year 1974 and M.Ed. examination in 1976 being placed in the 1st division and her date of joining in the said school is 28.7.1976 and she is the senior most Trained Graduate Teacher in the school. She has further stated that after retirement of Ch. S.C. Das, Headmaster of the school, the petitioner has taken over charge of Headmaster on 30.11.2003. A.N. and she has filed the copy of the Office Order dated 28.11.2003 to that effect (Annexure -2). O.P. No.3, who is an Assistant Teacher, joined on 23.8.1978 against Trained Graduate Science post and he is 3rd Trained Graduate Teacher after the petitioner and Smt. Sakuntala Mohanty. O.P. No.1 vide letter No.6520 (Spl.Estt.) dated 4.12.2003 called upon the intending candidates to appear before the Selection Committee on 15.12.2003 at A.M. for an interview with original certificates noted therein (Annexure -5). The interview letter issued to the petitioner is quoted as under : - "BOARD OF SECONDARY EDUCATION, ORISSA, CUTTACK. No.6520 (Spl.Estt.) Date: 4.12.2003 From : The Establishment Officer, Board of Secondary Education, Orissa, Cuttack. PIN : 753001. To Smt. Kumudini Jee, Asst. Teacher S. B. High School, Cuttack. Sub : Interview for the post of Headmaster, Secondary Board High School, Cuttack Ref : This Office Advertisement No.5922 (Spl. Estt.) Dt. 10.11.2003. Sir/Madam, 1. You are requested to appear before the Selection Committee for an interview for the post of Headmaster, Secondary Board High School, Cuttack on 15.12.2003 at 11 A.M. in the Head Office of the Board of Secondary Education, Orissa at Bajrakabati Road, Cuttack. 2. No. T.A./D.A. shall be paid to your for attending the said interview.

(3.) MR . S. K. Das, learned counsel appearing for the petitioner submitted with reference to Annexure -3, the advertisement dated 10.11.2003 issued by O.P. No.1, that in the said advertisement there is stipulation that applicant in service should apply through proper channel and pursuant to the said stipulation the petitioner offered herself as a candidate vide Annexure -4 and annexed her bio data as stipulated in the said Annexure -3. She also obtained her experience certificate from O.P.No.1 pursuant to the stipulation in the advertisement Annexure -3 and through Annexure -5 she was requested to appear before the Selection Committee for interview for the post of Headmaster of the School on 15.12.2003 at 11 A.M. in the head office of the Board of Secondary Education, Orissa, Cuttack with her original documents for verification. The learned counsel brought to our notice Annexure -7 addressed to the petitioner by O.P. No.1 permitting her to appear in interview for the post of Headmaster of the School pursuant to her application dated 6.12.2003. The learned counsel argued that Annexures 5 and 7 are two documents which are admittedly issued by O.P. No.1 specifically speak about the interview the petitioner was to appear in. It is the case of the petitioner that there was no whisper anywhere in any communication that the Selection Committee departing from the above norm of test was going to conduct a written examination on some specific subjects like essay writing, solution to mathematical problems and there was also no whisper that the candidates were to be asked to deliver public speech. He vehemently argued that in the letter Annexures 5 and 7 there is clear mention about the interview and when the petitioner arrived at the stipulated place at the stipulated time after the verification of the original documents the candidates were asked to sit for written test giving no time for the petitioner or anyone to raise any objection to that at that moment and in that circumstance the petitioner attended the written test that was suddenly adopted and held. As we find the recruiting authority decided to make selection on the basis of interview only which was as per the stipulation in the intimation letter. This mode of recruitment could not have been change by the Selection Committee, which exceeded its jurisdiction by adopting a different norm in supercession of the norms/mode fixed by the recruiting authority.