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IN THE HIGH COURT OF ORISSA AT CUTTACK
KRISHNA S.DIXIT
Anakar Swain – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petition for regularization due to denial based on qualifications. (Para 1) |
| 2. arguments on educational qualification and legal precedents. (Para 2 , 3) |
| 3. analysis and reasoning on qualifications and legal precedents. (Para 4) |
Judgment :
Petitioner, who has suffered order dated 18.04.2024 at the hands of Director of Secondary Education, Odisha at Annexure-8 rejecting his claim for regularization of service, is knocking at the doors of the Writ Court seeking its invalidation coupled with a direction for regularization.
3. Learned AGA Mr. Lenka, drawing attention of the Court to the counter, vehemently contends that the qualification acquired by the petitioner does not answer the prescription in the Advertisement at Annexure-1; in the absence of requisite qualification, nobody can claim appointment, much less the regularization; education goes to the root of matter when recruitment process is undertaken and therefore, cannot be ignored. He also loudly reads out certain other contentions that have been taken up in his pleadings.
4.1. Petitioner came to be appointed to the position in question with effect from 01.07.2011 having undergone the selection process in terms of
B.Ed. (Special) qualification recognized by NCTE is equivalent to B.Ed. General, ensuring equal opportunity for candidates with disabilities in educational recruitment processes.
Withdrawal of regularization based on educational qualifications after judicial directions is arbitrary and violates fundamental rights under Articles 14, 16, and 21.
The NCTE is the only authority authorized to prescribe qualifications for teachers, and its prescribed qualifications must be followed by the State.
The Supreme Court ruled that B.Ed. is not a valid qualification for primary school teachers, affecting eligibility for appointments made after its decision.
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