The court emphasized the principle of estoppel and upheld the change in policy regarding eligibility criteria and the prerogative of the selection committee to declare the cut off mark in the CBT for shortlisting.

JUDGMENT :

S.K. Panigrahi, J.

1. The matter is taken up through hybrid mode.

2. The present petition has been filed challenging the Resolution dated 14.12.2021 issued by the opposite party No.1 and the consequential advertisement dated 23.12.2021 issued by the Director, Secondary Education, Bhubaneswar. The petitioners challenge the entire selection process since the same is contrary to the rules and guidelines governing the said selection process.

3. Shorn of unnecessary details, the substratum of matter presented before this Court remain that pursuant to advertisement dated 13.08.2021, the Opposite Party No.2 invited online applications for recruitment to the posts of contractual teachers against existing vacancies of Hindi, Sanskrit and Physical Education Teacher posts in Government Secondary schools. The selection for the above-mentioned posts was to be made through Computer Based Test (CBT) in selected test centers in Odisha.

4. The petitioners averred that there was no pass mark fixed for the unreserved or reserved candidates and the appropriate committee constituted by the Government reserved the right to declare the cut off mark in the CBT for short listing. Pursuant to the advertisement dated 23.12.2021, the Opposite Parties included a clause in the eligibility criteria that B. Ed from a NCTE recognized institution shall also serve as a requisite qualification for recruitment to the post of Contractual Hindi Teachers. It is pertinent to mention that the petitioners appeared for the CBT in the concerned subject but were unable to qualify and hence they were out of the purview of the final selection.

5. Learned counsel for the petitioners further submitted that the clause-B.Ed from a NCTE recognized institution was not available in the Resolution dated 17.01.2014 which dealt with recruitment of teachers in Government Secondary Schools whereas the same was a part of the eligibility criteria in the advertisement dated 23.12.2021.

6. Learned Counsel for the State submits that from the bare perusal of the clause-B.Ed from a NCTE recognized institution only means that if a candidate with the required training qualification has the desired/prescribed academic proficiency in the Hindi subject, then such candidate could be shortlisted for further stages of the selection process. The clause in the advertisement cannot be interpreted to mean that merely because a candidate may have had the requisite training experience and possessed the essential eligibility, he would develop a preferential right to be considered for appointment ahead of candidates with training qualification in the concerned subject.

7. He further submits that the shortlisting of the candidates depends upon the marks secured in the CBT and other eligibility conditions in the advertisement dated 23.12.2021. The change in policy with regards to the eligibility criteria is a conscious consideration on the part of the appointing authority and such change cannot be condemned on the grounds of arbitrariness and illegal discrimination.

8. Heard the parties. The issue raised by the petitioners regarding addition of change in policy in so far as including the B.Ed from a NCTE recognized institution only means that if a candidate with the required training qualification has the desired/prescribed academic proficiency in the Hindi subject, then such candidate could be shortlisted for further stages of the selection process. This is a conscious decision by the Opposite parties to include such NCT recognized candidates and cannot be said to be illegal or discriminatory.

9. The another limb of argument advanced by the learned counsel for the petitioners with respect to the issue of fixation of no pass mark for the unreserved or reserved candidates and the appropriate committee constituted by the Government reserved the right to declare the cut off mark in the CBT for short listing. This is the prerogative of the selection committee which is in charge of the selection process, which can