RADHESHYAM PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) In response to an advertisement inviting applications from eligible candidates for appointment against the first post of Lecturer in Education in the Panchayat College, Palsagora under Boudh district, the petitioner who had secured 47.8% of marks in M.A. Education offered himself as a candidate for the same. Being called by the Governing Body of the College he appeared the interview before the Selection Committee and was duly selected. Accordingly the Secretary of the College vide his appointment order No.140/FCT/ 93 dated 16.11.1993 issued the appointment letter to the petitioner appointing him as Lecturer in Education and requested him to join within seven days of receipt of the said letter. Pursuant to the appointment letter the petitioner submitted his joining report (Annexure-6) before the College authority on 12.11.1993. The Governing Body vide its resolution dated 6.1.1995 unanimously confirmed the appointment of the petitioner as Lecturer in Education. Treating him as a permanent regular lecturer the petitioner was appointed as an Examiner in different examinations conducted by the C.H.S.E.

(2.) The State Government vide its notification dated 8.4.1991 fixed 48% of marks in aggregate in M.A. Examination as the minimum eligibility criteria of the Lecturers in +2 Junior Colleges. While the petitioner was continuing as a lecturer in the aforesaid +2 Junior College, the Secretary, C.H.S.E. vide letter No.1269 dated 24.1.1998 (Annexure-9) communicated to the Principal directing him to replace the petitioner by a qualified person or he should be asked to improve his percentage of marks of else the affiliation granted to the aforesaid College for the years 1992-93,1993-94 and 1994-95 would be withdrawn. So the petitioner filed the present writ application to quash Annexure-9 and to direct the opp.parties to accept him as a qualified Lecturer in Education since according to the petitioner 47.8% of marks should be treated as 48%. Though sufficient opportunity was given to the opp.parties, none of them filed counter affidavit.

(3.) In the decision State of Orissa and another v. Damodar Nayak and another, (1997) 4 SCC 560 the Apex Court held that 53.9% of marks is almost equivalent to 54% of marks fixed to be eligible for holding the post of lecturer. Following the same decision, this Court in the case of Lokesh Chanda Pradhan v. State of Orissa and Others; 89(2000) CLT 73 also held that 47.88% of marks is almost equivalent to 48% which is the qualifying percentage of marks to be appointed as lecturer in a +2 Junior College. In analogy of these decisions, we are also of the view that 47.8% of marks is almost equivalent to 48% and as such the petitioner is eligible to hold the post of Lecturer in Education. In the result the writ petition is allowed, Annexure-9 is quashed and it is directed that the petitioner shall be treated as a qualified Lecturer in Education for all purposes. P.K. Mohanty, J. - I agree. Petition allowed.