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IN THE HIGH COURT OF ORISSA : CUTTACK
B.R. SARANGI, J.
Prasanta Kumar Nayak - Petitioner
Versus
State of Odisha and others - Opp. Parties
WPC(OAC) No. 1629 of 2015
Decided On : 17-08-2021
National Council for Teacher Education Act, 1993 - Sections 32 r/w12 (d) - Constitution of India, 1950 - Articles 14 and 16 - Bengal Finance (Sales Tax) Act, 1941 - Section 5(2)(a) - Right to Information Act, 2005 - Hindi Teacher - Training qualification - Resolution - Qualification - Seeking direction/directions to quashing condition of having B.Ed. in Hindi/Parangat from an institution recognized by NCTE and affiliated to a recognized University/ B.Ed in Hindi NCTE) from Dakhin Bharat Hindi Prachar Sabha, Madras, an institution recognized by NCTE and affiliated to a recognized University.
Finding of the Court: Petitioner knowing qualification prescribed by authority in advertisement, applied for the post of contractual Hindi Teacher. On basis of documents filed, a check list was prepared, but no shortfall thereof was pointed to petitioner - rejection of his application mentioning "not having requisite qualification” cannot sustain in the eye of law. As such, petitioner has received information under Act, 2005, from choice list, there are 24 no. of posts of teachers and out of which 2 belongs to SEBC category and on basis of R.T.I. information so far as Jajpur district is concerned, total 42 numbers of posts of contract teacher Hindi are lying vacant, out of which 2 belonged to SEBC category, and Director of Secondary Education also provided information indicating that out of total 799 contract teachers in Hindi, 388 posts are still lying vacant. Therefore, if petitioner’s application is considered for selection and engagement as contractual teacher in Hindi, it will not cause prejudice to anyone.
Result: Writ petition is allowed.
JUDGMENT :
B.R. Sarangi, J.
The petitioner, who belonged to SEBC category and a Graduate in Arts in Rastrabhasa Ratna from Rastrabhasa Prachar Samiti, Wardha and passed B.Ed. with Hindi as one of the subjects and medium of examination was Hindi, had applied for the post of contractual Hindi Teacher pursuant to resolution issued by the Government of Orissa, School and Mass Education Department dated 27.10.2014 in Annexure-1. His candidature having been rejected vide Annexure-10, he has filed this writ petition seeking following relief:
(b) Call for the records.
(c) (i) Issue appropriate writ/writs, order/orders to quash the rejection of the petitioner’s candidature to the post of Contractual Hindi Teacher as per Annexure-10.
(i-a) Issue appropriate writ/writs, order/orders, direction/directions quashing the condition of having B.Ed. in Hindi/Parangat from 3 particular institutions, i.e., under Sub-Clause (d) to Clause (2) of the Advt. dated 27.10.2014, i.e.; Hindi Sikshyan Parangat from Kendriya Hindi Sansthan, Agra/ B.H.Ed. (a course prescribed by NCTE) from an institution recognized by NCTE and affiliated to a recognized University/ B.Ed in Hindi (Course prescribed by NCTE) from Dakhin Bharat Hindi Prachar Sabha, Madras, an institution recognized by NCTE and affiliated to a recognized University under Annexure-1.
(ii) Issue appropriate writ/writs, order/orders, direction/directions to declare that the B.Ed. from Jammu University with Hindi as one of the subject and medium of examination in Hindi as the requisite qualification for Hindi teacher as require by the State Government and the petitioner be made eligible to remain in draft select list.
(iii) any other order/orders, direction/directions be issued as would be deemed fit and proper to give complete.”
2. The factual matrix of the case, in hand, is that in exercise of power conferred under clause (d)(i) of Sub-section (2) of Section 32 read with Section 12 (d) of the National Council for Teacher Education Act, 1993, the Council framed a regulation called, "National Council for Teacher Education (Determination of Minimum Qualification for Recruitment of Teachers in Schools) Regulations, 2001”, which came into force from the date of its publication in the official gazette no. 238 dated 04.09.2001 in Annexure-11. On 31.05.2007, in Annexure-15 to the writ petition, a clarification was issued by the NCTE to all the Education Secretaries/ All States Govts./U.Ts as per list that the degrees obtained by the persons from the institutions recognized by the Govt. of J & K/UGC would be eligible for employment in Central Govt. and other State Governments. Consequentially, Utkal University of Odisha vide Annexure-16 dated 15.12.2011 declared the B.Ed and M.Ed course imparted by as many as 61 institutions equivalent to the B.Ed/B.Ed Special Education/M.Ed of Utkal University. The name of Jammu University finds place at serial no.19.
2.1 The petitioner passed B.Ed. examination in the year 2013 from University of Jammu in 2nd division in theory and 1st division in practice of teaching, the medium of teaching and examination was Hindi and the result was declared on 15.03.2014 vide Annexures-6 and 7 to the writ petition. When the matter stood thus, the Government of Odisha, Department of School and Mass Education, vide resolution dated 27.10.2014 in Annexure-1, prescribed recruitment procedure of teaching staff in Govt. Secondary Schools. It includes the criteria to fill up the post of Contract Teacher Hindi/Hindi Teacher. The said resolution was treated as an advertisement for recruitment to the post of contract teachers. Subsequent to the advertisement, a district- wise contract teacher vacancy in respect of 5634 posts was published by the authorities in their official website. As per the advertisement, the last date for receiving the application forms from the intending candidates was fixed to 20.11.2014. The petitioner, having fulfilled the eligibility criteria, a
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