GOURANGA PRASAD JENA Vs. JALADHARA CHAKRA AND OTHERS

JUDGEMENT

(1.) Plaintiff is the appellant against an affirming judgment. The suit was for declaration that the order dated 26.12.1983 passed by the Secretary, Nandini Debi High School at Kanapur in the district of Keonjhar directing the plaintiff to hand over the charge is illegal.

(2.) The case of the plaintiff was that Nandini Debi High School was established in the year 1973. He was appointed as teacher of the School on 01.10.1974. Subsequently, he was appointed as Headmaster of the School as per resolution by the Managing Committee dated 31.07.1982. In the year 1982, the School received Rs.44,441/- as grant-in-aid in two instalments. It was further pleaded that one Prafulla Kumar Jena was appointed as Headmaster of the School illegally. Defendant no.1, Secretary of the School, sent a notice on 26.12.1983 directing the plaintiff to hand over charge of the Office of the Headmaster to Prafulla Kumar Jena. With this factual scenario, he instituted the suit seeking the relief mentioned supra.

(3.) Defendant nos.1, 2, 4 to 8 filed their written statement denying the assertions made in the plaint. The specific case of the defendants was that the plaintiff was appointed as Hindi Teacher and functioning as such till 31.07.1982. In the absence of the Headmaster, he was in charge of the Headmaster temporarily from 31.07.1982 and functioning as such till a qualified Headmaster was available. Under the Education Code, the Headmaster must be a trained graduate. Since the plaintiff was not a trained graduate, he could not be appointed as Headmaster of the School. Thus the letter issued by the Secretary dated 26.12.1983 was valid.