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2012 Supreme(Ori) 508
IN THE HIGH COURT OF ORISSA
Kumari Sanju Panda, J.
SUBRAT DAS AND OTHERS - APPELLANT
Versus
STATE OF ORISSA AND OTHERS - RESPONDENT
Writ Petition No. 11270 of 2012
Decided On : 08-08-2012
D. Routray, P.K. Sahoo, R.P. Dalai, S.P. Nath, J. Jena, S. Rout, Dilip K. Mohapatra, A. Sahoo, Biswajit Jena, P. Dhal, S.K. Dash, S. Mohapatra, K.K. Swain, P.N. Mohanty and R.P. Das, for the Appellant; Mohanty, D.N. Mohapatra, Smt. J. Mohanty, P.K. Nayak, S.N. Dash and K.K. Rath, for the Respondent
The main legal point established is that authorities cannot change selection criteria after the selection process has commenced, especially to the detriment of already selected candidates.
Headnote:
TET - Teacher Eligibility Test - Act 2009, Section 23(2), NCTE Guidelines - The court discussed the provisions of the Right of Children to Free and Compulsory Education Act, 2009, particularly Section 23(2) and the guidelines of the National Council for Teacher Education (NCTE) regarding the Teacher Eligibility Test (TET). The court highlighted the relaxation granted by the Central Government and the requirement for TET as a minimum qualification for appointment of teachers, emphasizing the importance of maintaining education standards.
Fact of the Case:
The petitioners challenged a Notification requiring Teacher Eligibility Test (TET) for engagement as Sikshya Sahayaks. The selection process for the petitioners had already started when the TET requirement was introduced.
Finding of the Court:
The court found the actions of the authorities to be unreasonable and arbitrary, especially considering the timing of introducing the TET requirement after the selection process had commenced. The court quashed the notifications and directed the issuance of engagement letters to the selected candidates.
Issues: The main issue was the introduction of TET requirement for engagement as Sikshya Sahayaks after the selection process had already begun.
Ratio Decidendi: The court relied on precedents to emphasize that once the selection process has commenced based on certain criteria, the authorities cannot change the criteria, especially to the detriment of already selected candidates.
Final Decision: The court quashed the notifications and directed the issuance of engagement letters to the selected candidates, with a requirement for the engaged candidates to clear the TET by a specified date.
ORDER
Kumari Sanju Panda, J. - Since the facts involved in these writ petitions are similar, they were heard together and are being disposed of by this common judgment. The petitioners in these writ petitions assail the Notification issued by the Board of Secondary Education, Odisha, Cuttack, opposite party No. 6, on 16.6.2012 to conduct the Teacher Eligibility Test (in short, "TET") as per the syllabus of the Orissa Teacher Eligibility Test.
2. Opposite party No. 15 in order to engage Sikshya Sahayak/Sahayika (hereinafter referred to as "Sikshya Sahayaks") issued an advertisement in respect of different districts in the month of December, 2011, vide Annexure-1 series. Pursuant to the said advertisement, the petitioners along with many candidates offered their candidatures for engagement as Sikshya Sahayaks. The relevant eligibility criteria mentioned in the said advertisement are as follows:--
The candidates must have passed:--
(a) + 2 Science/Arts/Commerce or equivalent qualification recognized by the authority with pass certificate of 7th class in Oriya with C.T. (Recognized by NCTE);
(b) + 2 Science/Arts/Commerce or equivalent recognized qualification recognized by the Rehabilitation Council of India (RCI) in two years Diploma Course in Special Education;
(c) B.Sc./B.A. or equivalent qualification having passed in 10th standard in Oriya (MIL) with B.Ed recognized by NCTE.
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and the candidates must have registered their names in their respective Employment Exchanges.
The applications of the petitioners were duly considered and after following the due procedure as per the Scheme for engagement as Sikshya Sahayaks, the petitioners were duly selected and a merit list was prepared in respect of the petitioners in their respective districts as revealed from Annexure-2 series.
3. While the matter stood thus, the Government of Odisha in the Department of School and Mass Education Department issued a Notification on 29.3.2011 wherein a request was made to all the Collectors of the Districts not to proceed further in the matter of engagement of Sikshya Sahayaks on the ground that TET is mandatory before the recruitment of teachers as stipulated by National Council for Teacher Education (hereinafter referred to as "NCTE") under the provisions of Right of Children to Free and Compulsory Education Act, 2009 (in short, "the Act, 2009"). Since the advertisement for engagement of Sikshya Sahayaks was made in the year 2011, i.e., much prior to the Notification dated 29.3.2012, the said notification has no retrospective effect. The TET is necessary for recruitment of teachers as per the Act, 2009, but nowhere the said Act provides TET before engagement of Sikshya Sahayaks. Accordingly, it is submitted by the learned counsel for the petitioners that the advertisement was published for engagement of Sikshya Sahayaks and the same was not for the purpose of recruitment of teachers. Under the Scheme, a Sikshya Sahayak after completion of five years of service can be recognized as a teacher and since the selection process has already started and merit list has been prepared, the authorities should not have changed the selection criteria by issuing a further advertisement to appear another test. As such, the TET scheduled to be held on 5th August, 2012 conducted by the Board of Secondary Education, Odisha. Cuttack at the headquarters of all Blocks/NACs/Municipalities/Corporation is liable to be quashed being arbitrary, discriminatory and unreasonable. He further submitted that in view of the Act and Notification issued by the Government, a person after engagement as Sikshya Sahayaks can also appear the TET.
4. A counter-affidavit has been filed by opposite party No. 1 taking a stand that NCTE issued a Notification on 23rd August, 2010 prescribing the minimum qualifications for a person to be eligible for appointment as a teacher in Class-I to VIII. The said Notification stipulates that a candidate should pass TET which will be conducted by the appr
