Judgment

VENKATARAMIAH, J. :- With effect from 1-1-1948 a number of princely States which were situated within the territories of the present State of Orissa were merged with the Province of Orissa as it then existed. On such merger the High Schools within the said princely States also came under the jurisdiction of the Province of Orissa. The said High Schools belonged to two categories - namely A type schools which were full-fledged High Schools which were actually sending candidates for the matriculation examination and B type schools which were incomplete schools not sending candidates for the matriculation examination. On the said High Schools being taken over by the Province of Orissa, the teachers serving in the said High Schools came under the control of the Government of Orissa. It then became necessary to make an order to regulate the services of the said teachers. The Government of Orissa in the Education Department issued a letter dt. 5-1-1949 to the Director of Public Instruction on the subject. The relevant portion thereof is extracted below :

"In the States the High Schools other than those at District Headquarters mentioned above will be of two types. The complete Hig