STATE OF ORISSA AND ORS. Vs. SAKUNTALA BISWAL

JUDGEMENT

(1.) THIS writ application is directed against the Judgment and order dated 11.6.2002 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack allowing the Original Application No. 2538 (C) of 2000 filed by the opposite party.

(2.) THE case of the opposite party before the Tribunal is that she was working as an Additional Section Teacher in Sarakantara U.P. (M.E.) School in the district of Khurda. The school was previously an aided educational Institution and later on it was taken over by the Government on 1.4.1991. The opposite party was appointed as Sectional Teacher by the erstwhile Managing Committee of the said school on 2.2.1991 and joined in the post on the very same day. After her appointment, the D.I. of Schools recommended her case to the Director of Elementary Education for approval. When the question of approval was pending before the Director of Elementary Education, a decision was taken by the State Government to adjust 101 additional section teachers in the existing vacancies of various. U.P. (M.E.) schools and accordingly, the Deputy Secretary to the Government issued a letter on 3.7.1996 to the Director of Elementary Education to instruct the D.I. of Schools to approve the appointment of 101 additional section teachers on conditions that:

(3.) IT is true that in the case of Nabin Kumar Beura v. State of Orissa and Ors. reported in, 2001 (8) SLR 501, this Court held that if the yardstick provides for a post and such post is admissible considering the roll strength and that the Managing Committee of the School appointed a teacher and sought for approval of such appointment, creation of the post is a mere formality and the proposal submitted by the Managing Committee cannot be turned down only on the ground that the post had not been created. There is no quarrel over the aforesaid law laid down by this Court not only in the above reported case but also in other cases. The sole question is as to whether the opposite party had been validly appointed or not. Annexure -1 to the writ application is the decision of the State Government dated 3rd July, 1996 communicated to the Director of Elementary Education. In said Annexure, the Director of Elementary Education was informed that the State Government have been pleased to adjust 101 additional section teachers of taken over U.P. (M.E.) Schools in the existing vacancies as those posts were justified as per the yardstick. The name of the opposite party found place in the list of 101 candidates. Annexure -1 further stipulated that the names appearing in the list of 101 candidates be verified for approval and their approval shall depend on fulfilling the following requirements: