Orissa High Court
Trinath Gouda vs State Of Odisha And Ors on 14 July, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.16821 of 2022
Trinath Gouda .... Petitioner
Dr. Jitendra Kumar Lenka, Adv.
-versus-
State of Odisha and Ors. .... Opposite Parties
Mr. Debasis Mohapatra, SC
(for S & ME Deptt.)
Mr. Saswat Das,AGA
CORAM:
DR. JUSTICE S.K. PANIGRAHI
Order ORDER
No. 14.07.2022
01. 1. This matter is taken up through hybrid arrangement.
2. Heard.
3. In this Writ Petition, the petitioner challenges the
suspension order dated 10.05.2022 issued by the opposite
party No.3-Principal-cum-Secretary, Bellaguntha Science
Junior College, Bellaguntha, Ganjam. He also challenges
the order dated 28.06.2022 passed by the opposite party
No.4- President, Governing Body, Bellaguntha Science,
Junior College, Bellaguntha, Ganjam which confirmed the
order of suspension passed by the opposite party No.3.
4. Learned counsel for the petitioner submits that the
order of suspension is contrary to Rule-21(2) of the Orissa
Page 1 of 4
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Education (Recruitment and Conditions of Service of
Teachers and Members of the Staff of Aided Educational
Institution) Rules, 1974 and the judgments of this Court
passed in the cases of Adikanda -vrs.- State of Odisha
and Ors.1 and Nabakishore Mohapatra -vrs.- State of
Odisha and Ors. 2.
5. Grievance of the petitioner is that in response to the
advertisement published in the Newspaper in the year
1992, the petitioner applied for the post of Lecturer in
English in the aforesaid College. However, at the time of
application, the result of M.A. examination, appeared by
the petitioner, was awaited. The Selection Committee
appointed the petitioner as Lecturer in English subject to
publication of the result of the petitioner. The result was
published on 23rd March, 1993. Accordingly, the
petitioner submitted his pass certificate in P.G.
examination to the Principal of the College on 15.04.1993.
The petitioner's College is an Aided Educational
Institution within the meaning of Section 3(b) of the
Orissa Education Act, 1969 and employees including the
present petitioner are governed under the said Act and
Rules framed there under. Since the Selection Committee
1
1990 (I) OLR 234
2
1997 (II) OLR 470
Page 2 of 4
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has considered the candidature of the petitioner and
selected him on 25.07.1992 subject to the condition that he
would submit the pass certificate of M.A. in English after
publication of result and accordingly, his name was
recommended for appointment. Report of the said
Committee was also accepted by the competent
authority. Accordingly, the petitioner was appointed on
31.07.1992
. After publication of the result of P.G.
examination, the petitioner submitted the same before the
Principal of the College on 15.04.1993. Later, the College
where the petitioner was appointed got first Government
Concurrence and Affiliation from 01.06.1993 i.e. from
academic session 1993-1994. Since the petitioner's result
was published on 23.03.1993, but his valid date of joining
is 01.06.1993, the post is admissible from the date on
which the College got recognition and affiliation.
Therefore, with all practical purpose, the valid date of
joining of the petitioner is 01.06.1993 which is also
accorded by the Directorate of Higher Education. The
petitioner is receiving the Block grant. In view of such
facts and circumstances and the fact that the petitioner is
receiving Block grant of the said College which is also
duly approved by the higher authority, the Principal of
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the College has no jurisdiction to pass suspension order
against the petitioner.
5. In such view of the matter, let notice be issued to the
opposite parties.
6. Mr. Debasis Mohapatra, learned Standing Counsel for
the Department of School and Mass Education waives of
notice on behalf of the opposite party No.1 and Mr.
Saswat Das, learned Additional Government Advocate
for the State waives of notice on behalf of the opposite
party No.2. Required number of copies of the Writ
Petition be served on them within three working days
hence, who shall obtain instructions in the matter and file
reply.
7. So far as opposite party Nos.3 and 4 are concerned,
issue notice to them through Registered Post with
A.D./Speed Post. Postal requisites shall be filed within
three working days hence.
8. List this matter on 16th of September, 2022.
( Dr. S.K. Panigrahi)
Judge
BJ
