Decided on August 10,1978

Bhikshyakari Bisoi Appellant
State of Orissa and Ors. Respondents


P.K. Mohanti, J. - (1.) 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 under Section 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.
(2.) 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.
(3.) 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.;

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