BALAKRISHNA SATAPATHY Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this petitions under Article 226 of the Constitution the petitioner seeks for a direction to opp. parties and 2 to accord approval to his appointment as Principal in N. A. C. College, Burla with effect from 4 -8 -1979. He also assails the validity of the order dated 27 -3 -1992 (Arinexure -1) issued by the Director, Higher Education, Orissa permitting opp. party No. 5 to remain in charge of the Principal -cum -Secretary of the college till alternate arrangements are made.

(2.) BRIEFLY narrated, the petitioner's case is that he passed M. A. (oriya) in First Class from the Utkal University in 1964. He has also obtained Ph. D. degree in Oriya from the Sambalpur University in 1976. On 26 -8 -1964 he was appointed as a lecturer in Oriya in Nayagarh College which is an aided educational institution. After serving for some time he came to be appointed, as a lecturer in Rajasthan College, Cuttack, on 19 -8 -19o6. Subsequently, on being selected by Orissa Public Service Commission, he joined as a lecturer in Class II of the Orissa Education Service in Fakir Mohan College, Balasore. In August, 1968, he was transferred to Vikram Dev College, Jeypore and continued there till 8 -10 -1969. Thereafter, he was appointed as a lecturer in Oriya in the Post Graduate Department of the Sambalpur University from 10 -10 -1969 and continued there for about 10 years till he came to be appointed as Principal in the N. A. C. College, Burla as per the order dated 23 -7 -1979 (Annexure -3). After being relieved from the Sambalpur University, he joined as Principal of N. A. C. College, Burla on 4 -8 -1979. The Government in the Education and Youth Services Department letter dated 12 -9 -1980 (Annexure -4(a) accorded concurrence to the college from the academic session 1979 -80. The Sambalpur University in its letter dated 1 -11 -1980 Annexure -4(b)] accorded affiliation to the college subject to the condition that it should appoint full -time teaching staff including Principal. On 1 -6 -1984, the college was admitted to grant -in -aid. The Director in his office order dated 4 -6 -1987 (Annexure -8) approved the Governing Body of the college with the petitioner as the Principal. While serving as Principal, the petitioner made a representation to the Deputy Director (NGC -I) in the office of the Directorate Higher Education, Orissa on 9 -11 -1983 (Annexure -9 (a)] toregularise his appointment as Principal of the college from the date of his joining in the post. The Governing Body through its President in letter dated 25 -7 -1937 (Annexure -9(b)) requested the Government to accord necessary approval to the post of Principal of the college. While the matter stood thus, the Government in its letter No. 26623 dated 13 -6 -1983[Annexure -10 (a)] intimated the Director, Higher Education, Orissa that the Governing Body of an aided college cannot appoint Principal unless he holds a teaching post. Allegation of the petitioner is that although he deserves to be approved as Principal of the college, the Deputy Director (NGC -I), Orissa in his office letter No. 62539 dated 16 -11 -1991 [Annexure -1O(b)] informed the President of the Governing Body of the college that the petitioner cannot be approved as the Principal of the college in view of the Government letter No. 26323 dated 13 -6 -1989 [Annexure -10(a)]. Thereafter, the impugnedletter dated 27 -3 -1992 (Annexure -1) was issued permitting the opp. party No. 5 to remain in charge of the Principal -cum -Secretary of the college. The case of the petitioner is that the Governing Body having appointed him as the Principal of the college who fulfilled the conditions prescribed by the Government the opp. parties 1 and 2 ought to have approved his appointment as Principal.

(3.) THIS Court while issuing notice in the matter on 21 -4 -1992, directed stay of operation of the impugned order at Annexure -1. The said order of stay is in operation.