The court emphasized the importance of meeting the eligibility conditions and the recognition of qualifications by relevant authorities in determining the validity of an engagement order for a teaching position.

JUDGMENT :

M.S. Sahoo, J.

This matter is taken up through Hybrid mode.

2. The writ petition has been filed by the petitioner challenging the order dated 18.01.2014 (Annexure-4) passed by opposite party no.3, District Education Officer, Khordha.

The operative portion of the said letter is quoted herein :-

“You are hereby directed to submit equivalent certificate from Hindi Sikshyan Parangat for Kendriya Hindi Santhan, Agra/B.H.Ed from Utkal University/HTTC from B.S.E.(O), Cuttack as to B.Ed. course in Hindi awarded by Dakshina Bharat Hindi Prachar Sabha, Madras by 31st January-2014 positively, failing which steps will be taken for cancellation of your engagement which has been issued to you vide this office order No.10805 dated 27.09.2013.”

3. The petitioner essentially has challenged the portion of the letter which proposes for cancellation of the engagement of the petitioner that was issued by the self-same office of the District Education Officer, Khordha vide order No.10805 dated 27.09.2013 (Annexure-2).

The order dated 27.09.2013 is quoted herein :

“DISTRICT EDUCATION OFFICE, KHORDHA ENGAGEMENT ORDER No.10805/ Date: 27.09.2013.

On execution of an agreement dated 27.09.2013 between Sri/Smt./Kumari Sasmita Sahu, W/o. Ganeswar Sahu, At-Haladipada, P.O. Baradandi, Via-Bolagarh, Dist-Khordha and District Education Office, Khordha, S. Sahu is hereby engaged as a Contract Teacher (Hindi) in Sagargaon H/S for a period w.e.f. the date of his/her actual joining upto the end of February-2014 on fixed monthly remuneration of Rs.9300/- subject to the following terms and conditions:-

1. The teacher shall be engaged in classes by the Headmaster as assigned to other teachers.

2. He/She will work under the administrative control of the Headmaster In charge of the school to which he/she is assigned. He/She shall perform duties as will be entrusted to him/her by the concerned Headmaster.

3. He/She may be assigned any other work by the District Education Officer or any other authorities decided by Government in School & Mass Education Department from time to time.

4. He/she shall attend training programme as fixed by Government from time to time.

5. He/she shall must complete OTET on 31.03.2015 felling which his/her contract will not be renewed.

R.M. Panda

District Education Officer,

Khordha.

Memo No.10806 dated 27.09.2013

Copy forwarded to the person concerned for information and necessary action. He/she is directed to join the post on 03.10.2013 positively, falling which this engagement order shall stand cancelled automatically.

District Education Officer,

Khordha.

Memo No.10807 dated 27.09.2013

Copy forwarded to the Headmaster/Headmistress, Sagargaon H/s. information and necessary action. He/she is requested to verify the original certificates/documents, medical certificate, character certificates etc. at the time of joining & keep a Xerox copy of the said documents for official records.

The date of joining of the person concerned may please be intimated to this office immediately.

District Education Officer,

Khordha.”

4. While issuing notice in the matter vide order dated 10.02.2014, the interim order was passed, which is quoted herein for reference:-

“As an interim measure, it is directed that if the petitioner is still continuing as Hindi Teacher in Sagarguan High School in the district of Khordha, she shall not be disengaged till next date.”

5. Counter affidavit on behalf of opposite party no.3 has been filed sworn to by the District Education Officer, Khordha dated 04.05.2016. Though no counter affidavit has been filed on behalf of opposite party no.4-University, learned counsel appearing for opposite party no.4 produces a letter dated 13.01.2014 issued by the Assistant Registrar to the Controller of Examinations, Utkal University along with a memo, which is taken on record.

6. To consider the rival contentions, the conditions of eligibility as mentioned in th