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TMI Blog1997 (9) TMI 619X X X X Extracts X X X X X X X X Extracts X X X X ..... nted to the posts in question. The respondents prayed for regularisation and they further prayed for a declaration that the new mode of recruitment set out in executive instructions dated 1-9-1990 and 5-6-1991 should be quashed and that no new appointments should be made under these executive instructions. The High Court in its impugned judgment has held that until rules are framed under Section 10(3) of the Orissa Education Act, 1969 the District Selection Board cannot function under executive instructions. It has further directed that the appellants should be continued as Headmasters/Headmistresses until regular appointees are appointed to the said posts. 2. The State of Orissa has filed the present appeal. 3. Section 10 of the Oris ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es and one such Board for each district to select teachers for recognised private high schools and upper primary schools. Such Boards may consist of such members as may be specified by such notification. 5. Section 10(3) provided that appointments shall be made in accordance with rules made in that behalf from out of the candidates in the list prepared by the Selection Board. The rule-making power is contained in Section 27 which enables the State Government, after previous publication, to make rules for carrying out all or any of the purposes of the Act. In exercise of this power, the State Government has published the Orissa Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Ins ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a notification dated 19-12-1990 pursuant to the amended Section 10(2), constituting a Selection Board for each district to select teachers for recognised high schools and upper primary schools. This notification, however, was superseded by a notification dated 18-6-1991. The composition of District Selection Boards as set out in this notification, is as follows: 1. Principal of the government college situated at Ex officio the District Headquarters which is a lead President college as specified in the Appendix to the Resolution of the Government of Orissa in the Education and Youth Services Department, No. 44032 EYS, dated 6-10-1989. 2. Inspector of Schools in charge of secondary Ex officio education posted at District Headquarters. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7(c) of the Orissa Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974] etc. By a further resolution of 25-3-1991 issued by the Government of Orissa, Education Department, a further procedure has been provided for the preparation of lists, fees and account. 9. It is the contention of the respondents that these administrative instructions cannot take the place of Rules which are contemplated under Section 10(3) of the Orissa Education Act and they cannot be given effect to. Hence, District Selection Boards cannot function. 10. In order to appreciate this contention, it is necessary to look at the Orissa Education (Recruitment and Conditions of Service of T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he statutory rules are framed, the Government can issue administrative instructions regarding principles to be followed in promotions of the officers concerned to the selection grade posts. It is true that the Government cannot amend or supersede statutory rules by administrative instructions, but if the rules are silent on any particular point, the Government can fill up the gaps and supplement the rules and issue instructions not inconsistent with the rules already framed. In the present case, the Rules provide, inter alia, for Constitution of a State Selection Board. They are silent on the question of appointment of District Selection Boards and the procedure for inviting applications and selecting candidates by the District Selection Bo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has observed: The Validation Act covers the field up to 31-12-1984. The State of Orissa will do well to consider the cases of all those who have completed one year or more as ad hoc teachers after 31-12-1984 and come out with a scheme or any other appropriate measure to regularise their services. The respondents have submitted that if any such regularisation scheme is framed, they should not be denied the benefit of such a scheme. There is considerable justification for this submission. 13. In the premises, the judgment of the High Court is set aside and the writ petitions are dismissed. However, all those Headmasters/ Headmistresses who are functioning on an ad hoc basis with the prior approval of the Inspector of Schools, wi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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