PRITI RANJAN PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) Controversy regarding eligibility for promotion/ appointment to the post of Headmaster of a High School has existed notwithstanding two Full Bench decisions of this Court and therefore, this Special Bench has been constituted to resolve the controversy.

(2.) THE controversy arises in the background of Rule 8(3) of the Orissa Education (Recruitment and Conditions of Service of Teachers and Members of Staff of Aided Educational Institutions) Rules, 1974 (hereinafter referred to as the 'Rules'). Said provision reads as follows: '8. Exceptions to Selection by the Board - (1) and (2) xx xx xx(3) Vacancies in the posts of Headmasters of aided Boys' High Schools and Headmistresses of Girls High Schools and Readers, including Principals of aded colleges under the fold of the 'system of direct payment of full salary cost' shall be filled - up by the eligible trained graduate teachers of respective categories of High Schools and Headmasters and Headmistresses of respective categories of High Schools and Headmasters and Headmistresses of respective categories of Middle English Schools, and by the lecturers belonging to the common cadre of the Aided Colleges, as the case may be, from the Select List prepared by the Selection Board in the manner prescribed in the Regulation framed by the Selection Board for the purpose, on the basis of the recommendation of a Committee to be constituted by the Government which shall be headed by the Director. The selection shall be made on the basis of seniority in the common feeding cadre and performance. The zone of consideration shall be thrice the number of vacancies. Provided that in ad hoc promotions to the posts of Readers which includes Principals of aided colleges, Headmasters of aided Boys' High Schools and Headmistresses of aided Girls' High Schools under the fold of the 'system of direct payment of full salary cost' may however be made from the concerned common feeding cadre for a period of one year or till the date of receipt of select list from the Selection Board, whichever is earlier, with the prior approval of Government : Provided further that in the absence of common feeding cadres' appointment to the posts of Headmasters of aided Boys' High Schools and Headmistresses of aided Girls' High Schools of the State under the fold of the system of direct payment of full salary cost can be made by the authority from amongst the eligible trained graduate teachers of the respective categories of aided High Schools and Headmasters and Headmistresses of respective categories of aided Middle English Schools, as the case may be, on the recommendation of the Selection Board through an open advertisement. The selection shall be on the basis of the length of service and performance as trained graduate teachers in aided High Schools or Headmasters and Headmistresses in aided Middle English Schools.' Originaly, Orissa Service Code (in short, the 'Code') held the field relating to appointments to various categories of posts in educational institutions. The Orissa Education Act, 1969 (in short, the 'Act') and the Orissa Secondary Education Act, 1953 (in short, 'Secondary Act') were enacted subsequently, Regulations of the Board of Secondary Education (in short, the 'Regulations') were made under the Secondary Act. - - - -

(3.) THE subsequent Full Bench in paragraph 7 observed as follows: 'In view of the clear provision in the Rule it is not permissible to issue a direction for according approval to a person who had not been selected in the manner prescribed in the Rule as Headmaster of an aided High School. Therefore, this Court fixed 3.6.1988 as the cut off date for approval of persons who had acquired the requisite eligibility qualification for holding the post of Headmaster and directed that the post held by ineligible persons should be taken as vacant on and from that date and be filled up in the manner prescribed under the Rule. In the context it cannot be said that fixation of 3.6.1988 as the cut off date is arbitrary. Though as a consequence of the same, some persons functioning as Incharge Headmaster of High Schools will not be able to continue in the post and will have to wait till their term of promotion comes in the common feeding cadre of Trained Graduate Teachers, we are not perusuaded to think that this causes harassment to them'. At paragraph 8 of their judgment it has been held that 'on giving our anxious consideration to the matter, it is our considered view that the decision of the Full Bench of this Court in Golakh Chandra Mohanty's case (supra) does not need reconsideration. The reference is answered accordingly'. The judgment of the second Full Bench is reported in Priti Ranjan Pradhan etc. etc. v. State of Orissa and Ors. : 1996 (I) OLR 145. It needs to be noted here that all the learned counsel appearing for the petitioners (except Mr. S. B. Mahanta) stated at the time of hearing of the reference that the first Full Bench decision did not warrant fresh consideration and on the other hand prayed for implementation of the decision. Regarding Mr. Mohanta's contention it was observed that it was impermissible to issue direction to accord aproval to the services of a person who was not selected in the manner prescribed under the rule, as Headmaster of an aided High School.