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2003 Supreme(SC) 827

DORAISWAMY RAJU, ARIJIT PASAYAT
State Of Orissa – Appellant
Versus
Rajendra Kumar Das – Respondent


JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. As in all these appeals basic factual matrix is the same, except that the dates are different, and the points of law involved belong to the same spectrum; they are disposed of by this common judgment.

3. The factual background can be adumbrated concisely as follows:

The responded No.1 in each case filed a writ application before the Orissa High Court claiming that he was appointed as "fourth peon" by the management of the concerned institution, which is an "aided educational institution" as defined under the Orissa Education Act, 1969 (in short the Act ) and Orissa Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974 (in short Recruitment Rules ). It is not in dispute that if an institution is an aided educational institution, same is governed by the Act and rules framed thereunder. The Recruitment Rules are framed under the Act. As the functionaries of the State did not approve the appointment holding the same to be beyond the prescribed yardstick, writ applications were filed for direction to the concerned authorities to accord approval to t































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