STATE OF ORISSA Vs. BHAGABAN NAHAK

JUDGEMENT

(1.) PETITIONERS have challenged the judgment and order dated 7.8.2003 passed by the Presiding Officer, State Education Tribunal, Orissa, Bhubaneswar in Appeal No.7 of 2002.

(2.) ON 9.1.1975, the sole opp.party was appointed as a Trained Graduate Teacher in Chini Silpa High School, Babanpur in the district of Ganjam, by its Managing Committee. Pursuant to the said order he joined in the post on 9.7.1995 and his appointment was approved vide order dated 19.5.1981 of the Inspector of Schools, Ganjam and accordingly he received his monthly salary as a Trained Graduate Teacher. While continuing as such, the Headmaster of the said school was placed under suspension by the Managing Committee on 11.7.1983 and the opp.party was kept as Headmaster -in -charge of the said school by virtue of the order dated 15.7.1986 of the Inspector of Schools, Ganjam Circle (Petitioner No.3).

(3.) AT the outset, learned counsel for the petitioners submitted that since the learned Education Tribunal had no jurisdiction to entertain the appeal filed before him, the writ petition should be allowed on that ground alone. According to him the dispute was with regard to termination of service of the opp.party by petitioner No.4. As envisaged under Section 24B(1) of the Orissa Education Act, 1969 (hereinafter referred to as "Education Act"), jurisdiction of the Education Tribunal is limited to the disputes and differences relating to or in connection with the eligibility, entitlement, payment or non -payment of grant -in -aid. The dispute relating to appointment or cancellation of appointment does not come within the jurisdiction of the Education Tribunal, so instead of deciding the appeal, it should have directed the appellant therein (present opp.party) to file the case in appropriate forum. Learned counsel for the petitioners further submitted that services of the opp.party was terminated on 19.1.1994 and it was communicated to him on 28.2.1994. The State Government took over the management of all Non -Government fully aided High Schools, including the school in question vide Notification dated 16.12.1994 with effect from 7.6.1994. Since the Opp.party was not in service on the relevant date, he was not inducted into Govt. Service. The Orissa Subordinate Education (Method of Recruitment and Conditions of Service) Rules, 1993 framed to regulate the method of recruitment and conditions of service of the persons, appointed to the posts of teachers and equivalent posts in Class -III of the State Civil Service does not have provision to adjust any employee of a non -Government aided school, subsequently taken over by Government, even if he does not come under the purview of the relevant notification for taking over such schools. So, if the impugned order passed by the Education Tribunal is allowed to be retained, then it cannot be executed.