The judgment established that the inclusion of certain categories of teachers as in-service candidates for B.Ed. course was unconstitutional and violative of Article 14 of the Constitution.

Headnote:
Advertisement - Eligibility for B.Ed. Course - Paragraph 4.C of Information Brochure, 2008-09 and Clause 2.3 of the Advertisement - Untrained teachers appointed on regular basis against sanctioned yardstick posts in Government/Government Aided/Recognized High Schools and teachers of Elementary Schools eligible to apply for B.Ed. Course as in-service candidates. The court found the inclusion of Classical teachers, Hindi teachers, and P.E.Ts as in-service candidates for B.Ed. course unconstitutional and directed the exclusion of these teachers from the admission process.
Fact of the Case:

The petitioner, an untrained graduate teacher, challenged the eligibility criteria for B.Ed. course admission, arguing that the inclusion of various teachers as in-service candidates was unfair and violative of Article 14 of the Constitution.
Finding of the Court:

The court found the inclusion of certain teachers as in-service candidates for B.Ed. course unconstitutional and directed the exclusion of these teachers from the admission process.
Issues: The issues revolved around the eligibility criteria for B.Ed. course admission and the constitutionality of including various categories of teachers as in-service candidates.
Ratio Decidendi: The court held that the inclusion of certain categories of teachers as in-service candidates for B.Ed. course was unreasonable and violative of Article 14 of the Constitution, as these teachers belonged to distinct classes with different qualifications and duties.
Final Decision: The court allowed the writ petition in part, directing the exclusion of Classical teachers, Hindi teachers, and P.E.Ts from the admission process for the B.Ed. course.

JUDGMENT :

M.M. Das, J. - The Petitioner in this Writ Petition has called in question Clause-2.3 of the advertisement under Annexure-5 and paragraph4.C of the admission brochure so far as it relates to admitting untrained graduate teachers working against the posts other than Trained Graduate Teachers of all types of High Schools and teachers of Elementary Schools to B.Ed. Course as in-service candidates.

2. For appreciating the contentions raised by the respective parties, it would be profitable to quote paragraph-4.C of the Information Brochure, 2008-09 for admission to one year B.Ed. Course as well as Clause 2.3 of the advertisement issued pursuant to the said brochure. Paragraph 4-C of the Information Brochure reads as follows:

4. Eligibility for Admission:

(A) xx xx

(B) xx xx

Untrained teachers appointed on regular basis against sanctioned yardstick posts in Government/Government Aided/Recognized High Schools are eligible to apply provided she/he must have been Science/Arts graduate and completed at least one year continuous service by the last date of submission of application form.

Teachers appointed on regular basis working in elementary schools (Government/Government Aided/Recognized) having graduation and completed at least one year continuous service by the last date of submission of application are eligible to apply.

The untrained teachers should submit their applications to their respective District Inspectors of Schools or Inspectors of Schools or Superintendent, Sanskrit Studies, as the case may be within the stipulated date. Their applications will be forwarded by the respective D1/C1 of Schools/Superintendent, Sanskrit Studies as the case may be with necessary entries and authentication to the Directorate of TE and SCERT, Orissa, Bhubaneswar within the stipulated date as specified in the Information Brochure.

All in-service candidates shall submit an undertaking at the time of admission to the effect that they shall not claim salary/stipend during the period of their training.

All the in-service candidates shall submit the Xerox copies of the following attested by the Headmaster as mentioned below along with their application forms.

Copies of all mark sheets and certificates from HSC to Graduation.

Copy of the first recognition order of the institution.

Copies of application form for securing the recognition and renewal of recognition wherein the name of the concerned teacher has been mentioned year-wise till date.

Copies of subsequent renewal of recognition order year-wise till date.

Copy of the appointment and joining letter.

Copy of the service continuing certificate.

Copies of the first and last page of Service Book in case of teachers, serving in Government Schools.

In-service applicants shall be called for verification of authenticity of the facts submitted in the application forms.

Clause -2.3 of the Advertisement reads as follows:

2.0. ELIGIBILITY

2.1 to 2.2. xx xx

2.3. In-service Candidates:

Untrained teachers posted against sanctioned yardstick posts in Government/Government Aided/Recognized High Schools appointed on regular basis and teachers appointed on regular basis working in Elementary Schools (Government/Recognized), having Graduation are eligible to apply provided she/he must have completed at least one year continuous service by the last date of submission of application.

3. The Petitioner's case is that he was appointed as an Assistant Teacher at Khari Babaji Dora Bidyapitha situated at Pandiapathar in the district of Ganjam against Arts Trained Graduate Teacher post by the appointment letter issued by the erst-while Secretary of the Managing Committee on 27.11.2004. Pursuant to the said appointment letter, he joined in the. aforesaid post on 7.12.2004 and is continuing as such. The Khari Babaji Dora Bidyapitha is an aided educational institution within the meaning of Section 3 (b) of the Orissa Education Act, 1969 and is also a recognized school. Since the Petitioner is holding a Trained

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2009 Supreme(Ori) 451

IN THE HIGH COURT OF ORISSAM.M. Das, J.PRAFULLA BEHERA - APPELLANTVersusCOMMISSIONER-CUM-SECRETARY, SCHOOL AND MASS EDUCATION DEPARTMENT AND OTHERS - RESPONDENTDecided On : 27-03-2009

The judgment established that the inclusion of certain categories of teachers as in-service candidates for B.Ed. course was unconstitutional and violative of Article 14 of the Constitution.

IN THE HIGH COURT OF ORISSA
M.M. Das, J.
PRAFULLA BEHERA - APPELLANT
Versus
COMMISSIONER-CUM-SECRETARY, SCHOOL AND MASS EDUCATION DEPARTMENT AND OTHERS - RESPONDENT
Decided On : 27-03-2009