9911796707
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Issues:
1. Regularization of ad hoc Headmasters/Headmistresses 2. Validity of executive instructions for recruitment 3. Interpretation of Orissa Education Act, 1969 4. Functioning of District Selection Boards 5. Impact of administrative instructions on statutory rules 6. Regularization scheme for ad hoc teachers Analysis: The judgment deals with appeals arising from writ petitions filed by ad hoc Headmasters/Headmistresses seeking regularization and challenging new recruitment instructions. The Orissa High Court directed the continued appointment of appellants until regular appointees are selected. The State of Orissa appealed the decision. The Court examined the Orissa Education Act, 1969, focusing on Section 10(2) and (3) governing the constitution and functions of Selection Boards for teacher appointments. The Rules of 1974 prescribed procedures for teacher appointments prior to the amendment. The State issued notifications for District Selection Boards post-amendment. Administrative instructions supplemented the Rules where they were silent, particularly on District Selection Boards' composition and selection procedures. The Court referenced the Sant Ram Sharma case, allowing administrative instructions to fill gaps in rules. The High Court's selective application of rules was criticized. Referring to a previous judgment, the Court emphasized the need for regularizing ad hoc teachers and suggested a scheme for those serving post-1984. The judgment set aside the High Court's decision, allowing ad hoc Headmasters/Headmistresses to continue until regular appointments. They could be considered for regularization by District Selection Boards, with age bar waivers and service record considerations. In conclusion, the High Court's judgment was overturned, and the ad hoc Headmasters/Headmistresses were granted the opportunity for regularization under specific conditions. The Court emphasized the importance of considering their service record and potential future regularization schemes.
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