IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No.3094 of 2024 Rakshyapal Kalo …. Appellant -Versus-

State of Odisha and others …. Respondents Advocates appeared in this case:

For Appellant : Mr. S. Sourav, Advocate For Respondents : Mr. Bimbisar Dash, Addl. Govt. Advocate CORAM:

THE HON’BLE MR. JUSTICE ARINDAM SINHA, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE M.S. SAHOO

J U D G M E N T

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Date of hearing and judgment: 17^th February, 2025 --------------------------------------------------------------------------------------

ARINDAM SINHA, ACJ.

1. Mr. Sourav, learned advocate appears on behalf of appellant, who was writ petitioner. He submits, by impugned judgment dated 4^th October, 2024, the writ petition stood dismissed by the learned single Judge on finding that his client having two years’ B.Ed (Special Education) experience was disqualified since the requirement was of the one year course.

2. On query made, he refers to corrigendum dated 29^th July, 2024 to submit, thereby his client, candidate for the applied post, stood rejected as having two years’ B.Ed (Special Education). Drawing attention to the requirement on eligibility in respect of category-2 (for classes VI to VIII) he submits, the requirement was graduation with at least 50% marks and 1 year B.Ed (Special Education). Relied upon criterion is reproduced below.

“Graduation with at least 50% marks and 1-year B.Ed (Special Education).”

3. Mr. Sourav submits, National Council for Teacher Education (NCTE) had earlier issued notification dated 23^rd August, 2010. At that time the B.Ed (Special Education) course was of duration, one year. Government of Odisha, School and Mass Education Department adopted resolution dated 22^nd August, 2023 to have recruitment. On query made he submits, the resolution also carried age criteria by clause

6. Clause 6.1 without the proviso is reproduced below.

“ 6.1 Candidates shall not be below 18 years of age and above 38 years of age as on the date of publication of advertisement.”

Following the resolution there was notice dated 10^th September, 2023 for filling up 20,000 Junior Teacher (Schematic) posts in primary and upper primary schools. Long prior to publication of said notice the 1- year B.Ed course stood terminated in year 2014 and from year 2015-16 it became two years’ B.Ed course. Corresponding notifications were issued by NCTE but for purpose of said notice dated 10^th September, 2023, the 2010 notification was relied upon.

4. He lays emphasis that by said notification dated 23^rd August, 2010, minimum qualification was prescribed and that too with several alternatives. His client disclosed mail dated 28^th September, 2023 to demonstrate that a candidate had asked regarding absence of option showing two years’ Special B.Ed qualification and whether she could, having the qualification of the two years course, could apply. Answer was given in the affirmative. Hence, his client and others, though had two years’ Special B.Ed qualification, applied under the notice.

Contents of the mails are reproduced below.

“1-I passed 2 year B.Ed Special Education. In application form there is no option for 2 year Special B.Ed Only show 1 year Spl. B.ed.

2- For choosing Qualification only shows B.ed/BA B.ed/B.Sc B.ed/D.el.ed/B.el.ed/B.A. But not Any option for Spl. B.ed. What will I choose Diploma/B.ed?

3- I applied in 1 year Spl. B.Ed and Qualification Diploma then B.ed. do I need reapply?”

xxx xxx xxx “Need not apply again. You apply correct path.

Thank You.”

5. Mr. Sourav seeks to demonstrate that there was confusion in the department. He draws attention to letter dated 14^th May, 2024 issued by NCTE to the Commissioner-cum-Secretary of the department. Text from the letter is reproduced below.

“ I am directed to refer to your D.O. letter No. No. SME-EL2-EL2-0038-2024 dated 15.03.2024 on the subject cited above and to say that the NCTE laid down the notifications regarding minimum quali