JAYARAM BHUYAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) INITIALLY petitioner filed this writ petition with multifarious prayer, viz., (1) to quash the order Annexure -17, i.e., the order in review passed on 14.10.1999 by pposite party No.2, i.e., the Director, Higher Education, Orissa; (2) to quash the order Annexure -18, by which grant -in -aid has been provided to opposite party No.4 as per the order of the Director dated 29.06.2004; and (3) to accord approval of the service of the petitioner against the first post of Lecturer in Oriya.

(2.) IN view of the provision in Section 24 -B of the Orissa Education Act, 1969, the matter relating to approval of the post is incidental and ancillary to claim and sanction of grant -in -aid. Such disputes initiated by any concerned parties are to be adjudicated by the State Education Tribunal. Appellate jurisdiction is conferred on the High Court under Section 24 -C of the Act. After being conscious of the same, on the first date of hearing on 24.03.2008 petitioner submitted that he does not press the other relief save and except challenging the order Annexure -17 passed by opposite party No.2 by reviewing the earlier order Annexure -9, which is to be read with the Enquiry Report, Annexure -8.

(3.) UNDER the given facts and circumstances, it is not necessary to go into the other various details in respect of the other disputes which have been mentioned in the writ petition and/or the counter of the opposite parties, but as noted above, not pressed at the time of hearing.