JUDGMENT

Pattanaik, J.-These two appeals are directed against a Special Bench judgement of the Orissa High Court dated 25th January, 1999. By the said judgment some of the directions contained in the earlier Full Bench decisions have been set aside. The appellants, who were Head Masters of different Private Schools, and those schools became later on Aided Educational Institutions, and finally became full fledged Government schools, are aggrieved by the impugned judgment of the Orissa High Court as in implementation of the said judgment they cannot be continued as Head Masters.

2. Prior to the enactment of the Orissa Education Act, 1969 (hereinafter referred to as "The Act"), the educational activities in the State of Orissa were being regulated through a collection of executive instructions issued by the Government from time to time and those instructions had been embodied in a Code, called Education Code . The provisions of the Code had no statutory support and, as such, the Government was not able to exercise effective control over the management of the Non-Government Educational Institutions. The management of such institutions were playing hire and fire with the services of t