http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 2  

PETITIONER: STATE OF ORISSA & ORS.

       Vs.

RESPONDENT: SUKANTI DEBI

DATE OF JUDGMENT:       02/12/1996

BENCH: K. RAMASWAMY, G.T. NANAVATI

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Delay condoned.      Leave granted.      This appeal  by special  leave arises from the order of the Orissa Administrative Tribunal at Cuttack, made on March 2, 1995 in OA N.1499/93. Though the respondent was served on September  30,  1996,  he  did  not  appear.  Therefore,  we adjourned the  matter by  proceedings dated October 28, 1996 to see whether he appears or is represented through counsel. Even today, he has not appeared.      The only  question is;  whether the direction issued by the Tribunal  to appoint  him in  future vacancy is valid in law? It  is seen  that  the  third  respondent  came  to  be appointed in  a third  post as  Hindi Teacher  which was not sanctioned post;  nor was  the need  for such an appointment recognised by  the management. It is also stated that he was not qualified for the post. We need not go into the question of his  qualification. Suffice it would be to state that the Government in  their letter dated May 1, 1992 have stated as under:      "I  am   directed   to   invite   a      reference  to  Govt.  In  Education      Department Letter  No.13409,  dated      17.3.1992 and  to inform  you  that      Hindi   being    a   non-Examinable      subject in  M.E. Schools,  There is      no neek to allow the existing Hindi      teachers   in   M.E.   Schools   to      continue further. Therefore, It was      decided that the Hindi teachers who      are ...  in M.E.  Schools  will  be      adjusted against  the third post of      teachers in  M.E. Schools  provided      they    possessed    Matric    C.T.      Qualification. In  case any of them      not  ...   C.T.  Qualification   he      should be  given chance  to acquire      C.T. Qualification  as  in  service      candidate by  summer vacation  ....      he will  be allowed untrained scale

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 2  

    of pay  till then.  In case any one      is non-Matric  he should  be  given      the chance to acquire an equal C.T.      Qualification. In  case of  former,      the qualification would be acquired      within three  years for  issued  of      order  and   in   case   the   non-      Matriculation qualification  should      be acquired  within period  of Five      Years.      In view  of the above, the Tribunal      was  not   right  in   giving   the      direction.      The appeal is accordingly allowed. No costs.