JUDGMENT :

DR. B.R. SARANGI, J.

1. The petitioner, being denied admission to “Bachelor of Education (B.Ed.) Programme-January, 2016”, has invoked jurisdiction of this Court by means of this writ petition and sought for direction to the opposite parties to ignore the criteria for supply of copy of mark sheet and certificate of National Council for Teachers Education (NCTE) recognized teacher education programme, as mentioned in the letter of offer dated 21.04.2016 (Annexure-5), and allow him to prosecute the said course under Indira Gandhi National Open University, Regional Centre, Bhubaneswar.

2. The factual matrix of the case, as pleaded before this Court, is that the petitioner, being M.A. and Dl. Ed. in (Special Education), was selected as “Sikshya Sahayak” and engaged in Swapneswar Dev Nodal U.P. School, Khanda Sahi, P.O. Astaranga, Dist-Puri, where he joined on 20.11.2012 and continued as such. On 31.07.2015, Regional Director, Indira Gandhi National Open University (IGNOU) issued an advertisement (Annexure-2) inviting applications for admission to B.Ed Programme starting from January, 2016 through entrance test to be held on Sunday, the 20th September, 2015 all over the country. The petitioner, having satisfied the eligibility criteria for admission as mentioned in the advertisement itself, filed his application along with necessary documents. He appeared at the entrance test conducted on 20.09.2015, having enrolment number 662021766, at IGNOU Study Centre (2119) SCS (Autonomous) College, Puri and got selected securing 72 marks in rank 35. Consequently, a letter of offer was issued on 21.04.2016 (Annexure-5), wherein 13.05.2016 was fixed as the date of admission and the petitioner was called upon to submit, besides other documents, a copy of the mark sheet and certificate of NCTE recognized teacher education programme through face to face mode. In compliance thereof, the petitioner submitted the required documents for scrutiny and verification, but as learnt by him, though the other applicants, whom the letters offer were issued, have been given admission, the petitioner has been discriminated, hence this application.

3. Mr. S. Behera, learned counsel for the petitioner states that as per letter of offer dated 21.04.2016, since the petitioner does not possess the mark sheet and certificate of NCTE recognized teacher education programme completed through face to face mode, he has been denied admission. But, as a matter of, the said condition is not required to be fulfilled in view of Clause 1(b)(ii) of the eligibility for admission contained in the advertisement dated 31.07.2015 issued under Annexure-2.

3. Mr. R.K. Bose, learned counsel appearing for opposite parties argued with vehemence stating that the letter of offer having been issued in consonance with the conditions stipulated for eligibility for admission pursuant to advertisement issued on 31.07.2015, the authority has not committed any illegality or irregularity so as to warrant interference of this Court in the present writ petition. It is contended that under Clause 1(b)(i), trained in-service teachers in elementary education means who have completed NCTE recognized teacher education programme through face to face mode and all in-service teachers means who are employed as teachers in elementary schools or elementary stage of education. Therefore, non-consideration of the application of the petitioner due to non-production of the mark sheet and certificate of NCTE recognized teacher education programme completed through face to face mode having been in consonance with the advertisement dated 31.07.2015 in Annexure-2, the authorities are justified in not selecting the petitioner for admission into B.Ed. programme January, 2016.

4. This Court heard Mr. S. Behera, learned counsel for the petitioner, and Mr. R.K. Bose, learned counsel for opposite party no.2. Pleadings have been exchanged between the parties. When this Court made a query with regard to filing of rejoinde