JUDGMENT P. K. MISRA, J. — The petitioner has filed this writ application for quashing the order contained in Annexure-6 and for issuing a writ of mandamus to the opposite parties to approve the service of the petitioner against the untrained scale of pay. 2. It is the case of the petitioner that he was appointed against the post of the Additional Section Teacher by the Manag¬ing Committee of B.D.High School, village Arandua in the district of Bhadrak which is an aided educational institution. Though the petitioner was a merely graduate and had not acquired qualifica¬tion of B.Ed., it is claimed that his appointment should be approved against an untrained scale of pay in accordance with the Government principle applicable from time to time. 3. The opposite parties in their counter have taken the plea that though the petitioner was appointed as a Section Teacher on 9.8.1990, his appointment was not approved by opposite party No. 3 because there is no provision for approval of untrained Section Teacher. It was further stated that the Government as per Annex¬ure-1 approved the post of Additional Section Teacher of Banamali Das High School at Arandua, subject to the condition that the incumbent must have been eligible on the basis of the prescribed qualification to hold the post and had been appointed on following prescribed procedure and the post of Additional Section Teacher was justified on the basis of yard-stick and roll strength on 7.6.1994. It is, therefore, contended that since the petitioner did not have the prescribed qualification as a trained graduate teacher his appointment cannot be approved. The petitioner in his rejoinder has clarified the position by referring to several decisions of this Court. As a matter of fact, one such decision in OJC No. 10005 of 1996 relates to one Ashok Kumar Das of the very same school. A copy of the order pssed in the aforesaid OJC No. 10005 of 1996 has been filed as Annexure-8 to the rejoinder. 4. After going through the various documents filed by the parties, there is no doubt that the case of the petitioner is covered by the ratio of the order dated 3.9.1997 passed in OJC No. 10005 of 1996. A copy of the order pssed in the aforesaid OJC No. 10005 of 1996 has been filed as Annexure-8 to the rejoinder. 4. After going through the various documents filed by the parties, there is no doubt that the case of the petitioner is covered by the ratio of the order dated 3.9.1997 passed in OJC No. 10005 of 1996. It appears from Annexure-4, the communication to the Director, Secondary Education, relating to approval of Additional Section Teacher, the names of Ashok Kumar Das and Nabakishore Sethi (the present petitioner) had been indicated against Sl. No. 9. It further appears from the impugned order (Annexure-6) that the Inspector of Schools, Bhadrak Circle, was considering the case of Ashok Kumar Das as well as Nabakishore Sethi (the present petitioner) under the very same order dated 18.5.1995. In other words, OJC No. 10005 of 1996 relates to the very same Annexure. Having regard to all these aspects and keep¬ing in view the orders passed in OJC No. 10005 of 1996 dated 3.9.1997, the writ petition of the present petitioner is allowed and we direct the Inspector of Schools to approve the appointment of the petitioner with effect from 7.6.1994 and pay him the scale of pay of an Assistant Teacher (untrained graduate) with effect from the said date. The arrears, if not already paid may be calculated and paid to him within a period of four months of receipt of the writ. The Inspector of Schools will continue to pay the petitioner the current salary in the untrained graduate scale of pay and shall give him reasonable time to acquire B.Ed. qualification unless he gets exemption under the relevant rules. Annexure-6 is accordingly quashed. The writ application is dis¬posed of. Requisites for communication of the writ shall be filed within a week. P. K. TRIPATHY, J. I agree. Application disposed of with direction.