Sharma, J. - (1.) The respondent Padmanabha Padhy was appointed as a Lecturer in the appellant College on the 26th July, 1971 and was placed under probation for one year. He was informed by the letter dated the 28th March, 1972 that his services were no longer required and would stand terminated with effect from the afternoon of the 30th April, 1972. He challenged the termination order by a writ application before the Orissa High Court, which was allowed and the writ petitioner was declared to have continued in service. The appellant has filed the present appeal against the High Court Judgment after obtaining special leave.
(2.) The respondent, in the first instance had filed a writ application which was registered as O.J.C. No. 308 of 1972 but later withdrew it and approached the Director of Public Instruction (in short referred to as the DPI), present respondent No. 2, for the necessary relief. Subsequently on 12-8-1974 he filed a second writ application being O.J.C. No. 811 of 1974 which has been allowed by the judgment presently impugned. It is stated before us on his behalf that the D.P.I. by his order dated 19-9-1973 declined to interfere which necessitated the filing of the second case. It has been, inter alia, contended by Sri Padhy in his writ application that his appointing authority was "the Managing Committee or the Governing Body" and as such the impugned order of termination of his services by the Principal was without jurisdiction. The stand of the College was that the Principal who was the Ex-Officio Secretary was the appointing authority and was vested with the power to terminate the appellant's services. The counter-affidavit of the D.P.I. stated that both the orders of appointment and termination had been passed by the Governing Body and the Principal was, in sending the orders to Sri Padhy, acting on behalf of the Governing. Body. It has further been said that he (D.P.I.) was not concerned with termination orders passed before the 3rd of May, 1972, the date from which the relevant 1974 Amendment of the Orissa Education Act, 1969 took effect and he had, therefore, no power to look into the matter.
(3.) The High Court held that, "undoubtedly, until confirmation petitioner had no right to the post and during the period of probation he could be turned out from service", but in view of the language of the appointment letter and the termination order it proceeded to point out that both the orders had been passed by some authority other than the Principal and the Principal was merely a communicating agent. The High Court further opined that the Principal was acting on behalf of the Management of the Trust which had established the College, and the termination order did not emanate from the Governing Body. Observing that it is only the Governing Body of a college which has power to terminate the services of a teacher, it was further held that the impugned order was without jurisdiction. The objection to the maintainability of the writ application on the ground that the College was a private institution was rejected and it was held that in view of the provisions of the Orissa Education Act, 1969, Berhampur University Act, 1966 and the Berhampur University Statutes, 1966, the college must be considered to be a statutory body amenable to the writ jurisdiction.;