Bhikshyakari Bisoi vs State of Orissa and Others

P.K. Mohanti, J.—The Petitioner passed the Shastri Examination conducted by the Rashtriya Sanskrit Sanstha, New Delhi from Sadasiva Kendriya Vidyapitha, Puri, in the year 1975 and on 2-3-1977 he was appointed as an Assistant teacher in the Jadunath Sanskrit Vidyalaya, Angul, an aided educational institution. On 17-11-1977 he was served with a notice issued by the Secretary of the Institution that his services would be terminated with effect from 16-12-1977. on the ground that the Superintendent of Sanskrit Studies did- not approve of his appointment as he did not possess the requisite qualification. He was actually relieved from the post on 16-12-1977. The Petitioner''s contention is that the order of termination of his service was illegal as it was not made with the approval of the Circle Inspector as required u/s 10-A of the Orissa Education Act, 1969. It is also contended that the Petitioner possessed the requisite qualification for the post of an Assistant Teacher by the date of his appointment and that the action of the Superintendent of Sanskrit Studies in refusing to approve of his appointment was arbitrary.

In the counter filed by the opposite parties it is contended that the Shastri degree is the minimum qualification for appointment as Classical Teacher only in the High Schools of the State but not in Sanskrit Vidyalayas. It is further contended that the Superintendent of Sanskrit Studies, Orissa, could not accord approval of the appointment of the Petitioner as final decision of the Government in such matters had not been obtained; but she advised the Secretary not to remove the Petitioner from service as the matter was still under active consideration of the Government.

Under Rule 6 of the Orissa Education Code, schools are divided into two classes:

(a) Schools for general instruction.

(b) Schools for special instruction.

The Schools for special instruction are divided into ten classes:

i) Art schools,

(ii) Training schools,

(iii) Engineering Schools,

(iv) Technical and industrial schools,

(v) Commercial schools,

(vi) Agricultural schools,

(vii) Reformatory schools,

(viii) Schools for defectives,

(ix) Schools for adults, and

(x) Other schools.

Under Rule 7, the expression "other schools" has been defined to include Sanskrit tal or Vidyalayas. A Sanskrit tal or Vidyalaya provides instruction in the study of Sanskrit and is a school within the meaning of Rule 6.

It is conceded by the counsel for both the parties that the Circle Inspector has nothing to do with the Sanskrit Schools and that the Superintendent of Sanskrit Studies exercised the powers similar to those exercised by the Inspectors as provided under Rule 56 of the Code. It is also conceded that the services of the Petitioner were terminated in pursuance of the direction issued by the Superintendent of Sanskrit Studies. It was, therefore, not necessary to obtain the approval of the Circle Inspector for termination of the services of the Petitioner as required u/s 10-A of the Orissa Education Act.

The sole ground for termination of service was that the Petitioner did not possess the requisite qualification for the post of an Assistant Teacher (vide Annexure-3). The Petitioner, in his affidavit dated 3-8-1978, has asserted that the prescribed qualification for the post of an Assistant Teacher in the Sanskrit School is a Shastri Degree and that he possessed that qualification by the date of his appointment. This assertion has not been controverted by the opposite parties. It appears that the Petitioner has been re-appointed to the post as per resolution dated 1-3-1978 of the Sanskrit Council (Annexure-A) which was passed in pursuance of the letter dated 7-1-1978 Of the Superintendent of Sanskrit Studies. The Petitioner would not have been reappointed unless the Shastri degree possessed by him was the requisite qualification of the post.

It appears from Annexure-5 that the Govt. of Orissa in the Political & Services Department issued a Resolution on the 17th January, 1916 to the effect that the "Shastri" degree awarded by the Rashtriya Sanskrit Sanstha, New Delhi, shall be considered equivalent to B. A. degree of Indian Universities for the purpose of all employments under the State Government In all categories of posts. Annexure 1-A shows that the Petitioner had passed the Shastri examination conducted by the'' Rashtriya Sanskrit Sanstha in the year 1975. Thus. it is clear that he possessed the requisite qualification for the post of an Assistant Teacher of the Institution November, 1977 when he was appointed. The Superintendent of the Sanskrit Studies acted arbitrarily in refusing to approve of the appointment of the Petitioner and in directing termination of his service as per Annexure-4.

In the result, the writ application is allowed and the order terminating the services of the Petitioner as per Annexure-4 is quashed. In the circumstances, we direct the parties to bear their own costs.

S. Acharya, J.

I agree.

Writ application allowed.