ITISHREE RAY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner a classical teacher in an aided school prays for a direction to the opposite parties to accord approval to her services at Badapari High School till the post is filled up by a candidate sponsored by Selection Board and pay her salary in the prescribed scales of pay from the date of her joining.

(2.) THE short fact of the case of the petitioner is that a post of classical teacher in Badapari High School at village Badapari under Puri Education Circle having fallen vacant in the month of January, 1994. the Management requested to the Selection Board to sponsor a candidate for the post of classical teacher, but however as no recommendation was received from the Board and the students of the school suffered a lot, the Management invited applications from intending candidates for filling up the said post under Rule 5(8) of the Orissa Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules. 1974 (hereinafter called 'the Recruitment Rules'). The petitioner haying been selected by the Selection Committee, the Managing Committee vide Resolution No. 81 dated 15.7.1994 decided to appoint her as a classical teacher of the school. The Headmaster -cum -Secretary of the Managing Committee vide his letter No. 49 dated 25.7.1994 issued appointment letter in favour of the petitioner and forwarded a copy of the same to the Inspector of Schools for his information and necessary action. The, petitioner joined the post on 29.7.1994 and since then she has been working in the school and her 89 days' appointment is being extended from time to time copies of appointment letters as well as the joining reports are annexed as Annexures 2 and 3 to the petition. The petitioner alleges that even though one year is going to elapse, yet the Inspector of Schools has not yet given approval to the appointment of the petitioner and as a result, the petitioner is not getting her salary since the date of her appointment. Hence the writ application.

(3.) THE petitioner has filed a rejoinder to the counter affidavit stating inter alia that the Directorate letter No. 17368 dated 11.5.1988 and Memo No. 8098 dated 24.5.1988 under, Annexure -A are mere executive instructions and the executive instructions cannot override or prevail upon the statutory provisions of the Recruitment Rules, more specifically Rule 5(8). It is not necessary to apply to the Selection Board for appointment to vacancies for a period of six months or till the date of receipt of the list referred to in Sub -rule (2). It is further stated that due to transfer of the Classical teacher. Sri Chakradhar Mishra, the post having fallen vacant and Sanskrit being a compulsory subject with 100 marks the Managing Committee made an application to the Selection Board under Rule 5( 1) of the Recruitment Rules, but no candidate having been sponsored or appointed by the Selection Board, the Managing Committee was left with no alternative than to appoint the petitioner in the greater interest of the institution and its students.