B.R.SARANGI,J. - (1.)The petitioner, who was working as a Hindi Teacher in Gopinath Swamy High School, Madhupalli in the district of Ganjam, by means of this writ petition, has challenged the order dated 19.07.2004 in Annexure-5 passed by the Director, Secondary Education, Orissa directing the Managing Committee to re-appoint opposite party no.5 as Hindi Teacher in his place, and sought for direction to the opposite parties to allow him to continue as Hindi Teacher, as before, in view of the observation made by the Director that the appointment of the petitioner was valid and he was serving till that date, and to regularize his services.
(2.)The factual matrix of the case is that Gopinath Swamy High School, Madhupalli in the district of Ganjam is an aided educational institution within the meaning of Section 3(b) of the Orissa Education Act. Opposite party no.5-Durga Prasad Mishra was appointed as Hindi Teacher purely on temporary basis by the Managing Committee of the said School. He was placed under suspension, without following due procedure of law, as he was involved in a criminal case in connection with Kodala P.S. Case No.6 of 1993 for misbehaving girl students of the School. Subsequently, considering his conduct and keeping in view the interest of the institution, as well as the girl students of the School, the Managing Committee terminated his services with effect from 05.09.1993. Opposite party no.5 was also arrested in connection with Kodala P.S. Case No.6 of 1993 for alleged offence under Section 498-A read with Section 4 D.P. Act and forwarded him to custody. After rejection of his bail application, the petitioner was remanded to jail custody.
(3.)For smooth management, the Managing Committee of the School vide letter dated 30.07.1996 called for names of the candidates, for the post of Hindi Teacher, from the Employment Exchange, Chatrapur, which sponsored, including the petitioner, names of about 20 candidates vide letter dated 14.08.1996. On receipt of the said names, the Managing Committee constituted the Selection Committee to conduct necessary interview for the post of Hindi Teacher. The Selection Committee, after conducting necessary interview, selected the petitioner to be appointed as Hindi Teacher and, as a consequence thereof, the Managing Committee passed resolution in appointing the petitioner as Hindi Teacher vide appointment letter dated 31.10.1996. The petitioner joined in the School on 01.11.1996 and was continuing in the said post.