The Sastri qualification is legally equivalent to a Bachelor’s Degree, satisfying the educational requirements for the appointment of a Hindi Teacher (Contractual).

JUDGMENT :

MURAHARI SRI RAMAN, J.

1. Legality, propriety and rationality in disposing off the writ petition vide Order dated 28.11.2024 passed in W.P.(C) No.24577 of 2023 by a learned Single Bench of this Court exercising powers under Articles 226 and 227 of the Constitution of India quashing Order dated 20.01.2023 issued by the Collector, Angul (Annexure-3 of the writ petition) and directing to appoint the respondent herein (petitioner in the writ petition) as against available vacant post, the appellants- functionaries of the Government of Odisha have preferred the intra-Court appeal provided under Clause 10 of the Letters Patent Constituting the High Court of Judicature at Patna read with Article 4 of the Orissa High Court Order, 1948 and Rule 6 of Chapter-III and Rule 2 of Chapter-VIII of the Rules of the High Court of Orissa, 1948.

Facts:

2. Facts leading to filing of this writ appeal are narrated infra.

2.1. In pursuance of Resolution No.23404—VIII(B)-SME-(X)-32/2014/SME, dated 27.10.2014 issued by the School and Mass Education Department, Odisha in adherence to the General Administration Department Notification No.32010/Gen., dated 12.11.2013 and No.1147/Gen., dated 17.01.2014 read with No.4587/Gen., dated 15.02.2014, which prescribed the rules for recruitment to Group-C, D and B posts respectively, the respondent, having qualification of “Rastrabhasa Sastri” from Odisha Rastrabhasa Parisad, Puri and Bachelor Degree in Arts offered his candidature in Government High School related to the District of Angul for the post of Hindi Teacher (Contractual).

2.2. A Notice dated 04.02.2016 superscribing “for the candidates (Applicants for the Post of Contractual Teacher as per Advertisement 2014-15 (including Advertisement dated 07.01.2016)” has come to be published by the Director, Secondary Education, Odisha wherefrom it is transpired that, “1. More than 40,000 candidates applied for post of Contract Teacher in Government High Schools as per Advertisement 2014-15 (published on 23.10.2014 and 13.01.2015):

2. Again pursuant to Order dated 17.12.2015 passed by the Hon'ble Odisha Administrative Tribunal, Cuttack in O.A. No.3589 (C) of 2014 and 137 other cases and consequent upon issue of Corrigendum No.284/SME, dated 06.01.2016 by School and Mass Education Department, Odisha, another Advertisement was published by Director, Secondary Education, Odisha on 07.01.206. In response to this more than 9,000 candidates have submitted online application as on 22.01.2016 (Last Date). Some of them were not eligible to apply as per conditions laid down in Advertisemnt dated 07.01.2016 and so their applications have not been taken into consideration.

3. Out of the candidates who applied as per the Advertisements mentioned in paragraphs (1) and (2) above, a list of candidates has been prepared whose documents shall be verified from 06.02.2016 at district level. The list will be available in the Odisha Primary Education Programme Authority website in link "Tabulation Sheet of Applications for verification of documents" from 06.02.2016 onwards.***”

2.3. The representation for consideration of his case being not attended to, the respondent filed O.A. No.814 (C) of 2017 before the Odisha Administrative Tribunal, Cuttack Bench which came to be disposed of with the following observation vide Order dated 21.07.2017