MANAMOHAN TRIPATHY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner has filed this writ petition for a writ of mandamus commanding the opp. parties to approve his appointment as an Assistant Teacher in Astasambhu Sanskrit Vidyapitha at Krushnanagar in the district of Jajpur.

(2.) THE Astasambhu Sanskrit Vidyapitha (hereinafter referred to as the 'School') became a recognised institution in 1987. It was admitted into the minimum grant -in -aid scheme with effect from June 1, 1994. The petitioner, a graduate, was appointed as an Assistant Teacher on March 23, 1991 by the School. The petitioner has been continuing in the said post of Assistant Teacher since such date of appointment. After the school became an aided institution, the Superintendent of Sanskrit Studies (in short 'Superintendent') called upon the Head -Pandit of the School to submit the staff position for his approval. The Managing Committee by letter dated November 27, I 995 submitted the staff position in which the petitioner was shown ugainsi the post of a trained Graduate Assistant Teacher (Annexure -5). The Superintendent sent a reply pointing out that the petitioner and two other teachers not being trained were not possessed of requisite qualifications for the trained graduate posts. On February 24, 1996 the petitioner submitted a representation addressed to the Head -Pandit of the School stating that he would get necessary training within three years. The petitioner requested that on such condition his appointment should be approved and he should be granted untrained scale till he became trained. In support of his case, the petitioner cited an instance of one Sri L. N. Acharya. though untrained, was approved b the Superintendent against a trained graduate post.

(3.) THUS , the question lor determination is whether this Court should issue a direction to the opp. party No. 4 to approve the appointment of the petitioner, an untrained graduate, against a trained graduate post.