JUDGMENT :

R.K. Patra, J. - In this petition under Articles 226 and 227 of the Constitution of India, the petitioner who is an assistant teacher, prays for a direction to the opp. parties to release his salary, arrears as well as current, in the pay scale of untrained graduate teacher with effect from the date of his appointment. He has also sought for an appropriate writ for quashing the office order No. 1657 dated 8.2.1996 (Annexure-5) by which the Inspector of Schools has disapproved his appointment against the additional section on the ground that he does not possess the prescribed qualification to hold the post of trained graduate teacher.

2. For appreciation of the controversy raised in the case, briefly facts may be noted.

The petitioner came to be appointed as an assistant teacher on 3.11.1989 against an additional section of Class-X in Pipli High School which is an aided educational institution within the meaning of Section 3(b) of the Orissa Education Act, 1969. He joined the service on 6.11.1939. At that time, he was a B.Sc. but was not trained. A circular has been issued by the State Government fixing the standard staff for a non-government High School according to which a