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2009 Supreme(Ori) 451

M.M.DAS
PRAFULLA BEHERA – Appellant
Versus
COMMISSIONER-CUM-SECRETARY, SCHOOL AND MASS EDUCATION DEPARTMENT – Respondent


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

(C) In-service candidates:

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 (Governme

























































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