Judgment

RAY, J.:- This is an appeal by special leave against the judgment dated 15 April, 1970 of the High Court of Orissa dismissing the writ petition of the appellant.

2. The appellant in the writ petition asked for a writ of mandamus for quashing the order dated 19 May, 1969 passed by the Inspector of Schools, Cuttack Circle. The order stated that the date of birth of the appellannt as recorded in service registers was 1 January, 1908 and since the appellant exceeded the age of 58 years he was requested to hand over charge of his duties by 24 May, 1969 to Madhusudan Das, the senior-most trained graduate assistant teacher of Sadhu Charan Bidhyapitha Nanpur, Cuttack.

3. The appellant s case was as follows. The appellant was appointed Head Master of Sadhu Charan Bidhyapitha in the year 1949. By a letter dated 19 May, 1969 the appellant was retired from service. The Inspector of Schools and the other respondents, namely, the State of Orissa and the Director of Public Instruction had no authority to superanuate the appellant at the age of 58 years inasmuch as there was no privity of contract between the appellant and the respondents. It has been the uniform usage and implied term of office of all teachers in private Schools in Orissa that irrespective of age limit teachers will be in service as long as they are physically fit and mentally alert.

4. In the year 1951 the Government of Orissa recognised Sadhu Charan Bidhyapitha as an institution in accordance with the terms of Education Code. During the years 1954 to 1957 the Government of Orissa gave grant-in-aid to the institution at the rate of Rupees 75/- per month. In the month of January, 1958 the Government of Orissa addressed letters to Secretaries of Private High Schools stating that the Government was contemplating to sanction full net deficit as grants-in-aid to a number of aided High Schools in the State. One of the conditions enumerated for such grants-in-aid was that the Managing Committee of the Schools concerned by resolution of the Committee should ask the Government to take over the management and control of the Schools. In the month of March, 1958 the Government of Orissa framed special Rules for Government Managed full deficit aided High Schools . The Special Rules inter alia were these. First, that every School shall be under the control of the Inspector of Schools of the circle or the Inspectress of Schools as the case may be who will be responsible for the maintenance of the institution on behalf of the Government and who will exercise all the powers in respect of Government managed institution. Second, a local Advisory Committee would be set up with the approval of the Director of Public Instruction for efficient management of the institution. Third, the appointments would be made by the Inspector or Inspectress of Schools as the case may be. Provisions were also made for transfer, leave and service conditions of the employees. In the month of September, 1959 the Director of Public Instruction wrote to Sadhu Charan Bidhyapitha enquiring whether the managing committee of the Schools agreed to transfer the management of the School and if the answers were in the affirmative the School was asked to send a unanimous resolution of the Managing Committee to that effect. On 20 September, 1959 the Managing Committee of Sadhu Charan Bidhyapitha unanimously decided to hand over management of the School to the Government of Orissa.

5. On 6 April, 1962 the Secretary of Sadhu Charan Bidhyapitha made over charge of the management of the School to the Inspector of School, Cuttack Circle along with the properties. The appellant, the then Headmaster of Sadhu Charan Bidhyapitha took over charge from the Secretary under the direction of the Inspector of Schools, Cuttack Circle. The Inspector of Schools on 19 June, 1962 came to the institution and assumed control.

6. In the year 1964 the Government of Orissa asked the views of the Advisory Committee of Schools as to whether the loca