Judgment

SHARMA, J.:- The respondent Padmanabha Padhy was appointed as a Lecturer in the appellant College on the 26th July, 1971 and was placed under probation for one year. He was informed by the letter dated the 28th March, 1972 that his services were no longer required and would stand terminated with effect from the afternoon of the 30th April, 1972. He challenged the termination order by a writ application before the Orissa High Court, which was allowed and the writ petitioner was declared to have continued in service. The appellant has filed the present appeal against the High Court Judgment after obtaining special leave.

2. The respondent, in the first instance had filed a writ application which was registered as O.J.C. No. 308 of 1972 but later withdrew it and approached the Director of Public Instruction (in short referred to as the DPI), present respondent No. 2, for the necessary relief. Subsequently on 12-8-1974 he filed a second writ application being O.J.C. No. 811 of 1974 which has been allowed by the judgment presently impugned. It is stated before us on his behalf that the D.P.I. by his order dated 19-9-1973 declined to interfere which necessitated the filing of the