- (1.) Leave granted.
(2.) Respondent No.4, Rajeswar Panda filed an appeal before the Director, Higher Education, Orissa, Bhubaneswar, stating that he was appointed as a lecturer in History in Sushree Devi Women s College, Aul, Kendrapara after due selection but he was not allowed to discharge his duties because the Governing Body of the College tried to accommodate the appellant in his place. The appeal was disposed of by the Director by an ex parte order vide office order No.2A-9-07-III: 30092 dated July 23, 2008 holding that the action of the General Body in prohibiting the applicant (respondent No.4 in the present appeal) from discharging his duties was invalid and illegal and requested the Secretary of the Governing Body to forthwith allow respondent No.4 to perform his duties as a lecturer in the college.
(3.) The Governing Body filed Writ Petition (Civil) No.12317 of 2008 challenging the order passed by the Director before the Orissa High Court. On behalf of the Governing Body, it was stated that the intimation regarding the date of hearing was received by them a day after the hearing was scheduled and it was for that reason that no representative of the Governing Body was able to appear before the Director to present its case. The High Court, however, found that the notice of hearing was given to the Governing Body by means of a telegram and the Secretary of the Governing Body had made the endorsement on the telegram "College closed and Secretary absent on 4.6.2008 and 5.6.2008." The High Court, thus, found that the explanation given on behalf of the Governing Body for non-appearance before the Director was incorrect. The High Court, therefore, declined to entertain the Writ Petition but in the concluding part of the order made the following observation:- "However, it is open to the petitioner to file an application before the Director, Higher Education to review the impugned order dated 23.7.2008. If such an application is filed by the petitioner, the Director is at liberty to deal with the same in accordance with law.";