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 the teachers of the institution. The Orissa Legislature felt that such employees of the Non-Government Educational Institutions should be protected from the exploitation by the management, and government also should have some control over those Non-Government Institutions so that conditions of the institutions would not deteriorate. It is with this object the Orissa Education Act was enacted in the year 1969 and since then has been amended from time to time to suit the needs of the hour and by now the Act of 1969 has been amended 9 times. Section 3 (m) defines the word prescribed to mean prescribed by rules. Section 6 provides the procedure for recognition of the Educational Institutions. Sub-section (12) of Section 6 stipulates that no Educational Institution shall be eligible for affiliation or recognition by the Board of Secondary Education constituted under the Orissa Secondary Education Act, 1952 or the Council of Higher Secondary Education constituted under the Orissa Council of Higher Secondary Education Act, 1992 unless it has received recognition under the Act and continued to be so recognised. Section 10 provides the conditions of service of the staff of aided institutions. Section 10-C provides for constitution of a common cadre in relation to all or any class of employees of all or any category of aided Educational Institutions as may be specified in the order. Much prior to the enactment of the Act in 1969 the Orissa Legislature had enacted the Act in the year 1952 (Orissa Act 10 of 1953) called Orissa Secondary Education Act 1952 (hereinafter referred to as the Secondary Education Act ). The Act intended to establish a Board to regulate, control and develop secondary education in the State of Orissa. The expression prescribed has been defined in Section 2(i) of the aforesaid Act to mean prescribed by regulations made by the Board under the Act. Section 3 of the aforesaid Secondary Education Act cast duty on the State Government to constitute a Board called the Board of Secondary Education to regulate, control and develop Secondary Education in the State of Orissa. The Board is a body corporate with perpetual succession and a common seal. Section 2(k) defines recognition to mean recognition for the admission to the privileges of the Board including its examination. Section 2(i) defines Regulation to mean Regulation made or deemed to have been made by the Board under the Act. Section 21 is the power of the Board to make Regulation for the purpose of carrying into effect the provisions of the Act. Chapter IX of the Regulations deals with certain pre-conditions in respect of the educational institutions. Regulation 1 of Chapter IX provides that no school which is not recognised by the Board shall be permitted to present candidates for