State authorities have broad discretion to set educational qualifications for public service positions, and courts will not interfere unless there are statutory violations.

JUDGMENT

Murahari Sri Raman, J. -

THE CHALLENGE MADE IN THE INTRA-COURT APPEAL:

Beseeching intervention in the Judgment dated 17.08.2021 rendered in WPC (OAC) No.1629 of 2015, whereby and whereunder allowing writ petition invoking power under Articles 226 and 227 of the Constitution of India a learned Single Judge of this Court held that the respondent No.1 had requisite qualification of Bachelor of Education from University recognized by the National Council for Teacher Education having affiliation of the Utkal University, as such is entitled to be considered for engagement as Contract Teacher (Hindi), the appellants, functionaries of the State Government preferred the present intra-Court appeal.

THE FACTS:

2. As it appears from the material on record of the writ petition, submitting application in pursuance of Resolution bearing No. VIII(B)SME-(X)-32/2014- 23404/SME, dated 27.10.2014 of the Government of Orissa in School and Mass Education Department for 'Recruitment Procedure of Teaching Staff in Government Secondary Schools' treating it to be advertisement, the respondent No.l-writ petitioner offered his candidature in respect of Contract Teacher (Hindi) in Government Secondary School, giving preference of five districts, such as, (i) Jajpur, (ii) Jagatsinghpur, (Hi) Ganjam, (iv) Balasore and (v) Angul.

2.1. By filing counter, the Director of Secondary Education asserted that an advertisement was published on 27.10.2014 inviting applications for filling up of 5634 numbers of posts of Contract Teachers in Government High Schools throughout the State of Odisha.

2.2. In this writ appeal it has been averred by the appellants that though the last date for receiving application from the intending candidates was fixed to 20.11.2014, after submission of such application by the respondent No.l, a corrigendum was issued to the said advertisement, extending the last date for receiving the application up to 28.01.2015. Accordingly, after due verification of documents a check list was issued by the verifying authority on 16.03.2015 and thereafter, provisional tabulation sheet of candidates was published from the Office of the Director of Secondary Education, where the name of the respondent No.l did find place at Sl. No.203.

2.3. Later on, upon verification, it is stated by the appellants that citing 'not having requisite qualification', the name of Respondent No.l was placed at Sl. No. 535, in the list of rejected candidates of Contract Teacher (Hindi) published.

2.4. Dissatisfied thereby, the Respondent No.l had approached the learned Orissa Administrative Tribunal, Cuttack Bench, Cuttack by way of filing Original Application under Section 19 of the Administrative Tribunals Act, 1985, which was registered as O.A No.1629 (C) of 2015 with prayer inter alia 'to declare that B.Ed. from Jammu University with Hindi as one of the subjects and mediums of examination in Hindi as the requisite qualification for Hindi Teacher as required by the State Government and the petitioner be made eligible to remain in draft select list'.

2.5. Record of the Orissa Administrative Tribunal reveals that vide Order No.04, dated 13.05.2015, while issuing notice on admission, the following interim Order was passed:

'***

Issue notice on admission ***

So far as prayer for interim relief is concerned application of the applicant may be considered for further processing by respondent Nos.2 and 3 but his candidature shall abide by the result of the O.A.'

2.6. As is stated in the writ appeal by the