IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO. 26570 OF 2024

In the matter of an application under Articles 226 & 227 of

the Constitution of India

P artha Sarathi Mishra & Ors. …. Petitioners

-Versus-

State of Odisha & Ors. …. Opp. Parties

Advocates appeared in this case:

For Petitioners : M/s. B.S. Tripathy (1), A. Tripathy & A.

Sahoo, Advocates

For Opp. Parties: Mr. S.K. Jee,

Addl. Government Advocate

Mr. B.B. Mohanty (Intervenor)

CORAM:

THE HON’BLE MR. JUSTICE DIXIT KRISHNA SHRIPAD

J U D G M E N T

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DECIDED ON: 18.08.2025

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PER DIXIT KRISHNA SHRIPAD,J

Petitioners are collectively knocking at the doors of Writ Court

with the following prayers scripted in the writ petition:

“On the facts and in the circumstances stated above, your petitioners, therefore, pray that this Hon’ble Court be pleased to;

i) hold and declare that incorporation of Clause: (iv) i.e., "B.Ed. from any NCTE recognized institution" in the Resolution dt.30.09.2024 in Annexure-9 as one of the essential training qualification for the post of Hindi Teacher and also Corrigendum dated 13.12.2023 in Annexure-6 as arbitrary, unreasonable and violative of Articles-14 & 16 of the Constitution of India as it was/is intended to show undue favour to the candidates having general B.Ed. from any NCTE recognized Institute to compete with others for the post of Hindi Teacher affecting the rights of the petitioners and similarly situated candidates acquiring Training Qualifications for the post of Hindi Teacher in the manner as mentioned in Clause:3 (3) of Advertisement dt. 31.08.2024 in Annexure-9; and thereby ii) quash the said impugned Clause (iv) in the Resolution dt.30.09.2024 in Annexure-9 prescribing an inconsequential Training Qualification for the post of Hindi Teacher namely "B.Ed. from any NCTE recognized Institute"; and iii) direct the OP.No.1 to recall the Corrigendum in Annexure-6 and to issue Advertisement for appointment and selection of Hindi Teacher in Govt. Secondary School in the State in line with Resolution dt. 18.11.2020 in Annexure-4 read with Advertisement dated 31.08.2024 in Annexure-8.

iv) pass such other order(s) as deemed fit and proper in interest of justice and fair play;”

Their essential grievance, as emanating from the prayer column, is as to the prescription of a special qualification, in addition to the exiting three, for the post of Hindi Teacher.

2. Learned counsel for the petitioner vehemently argues that the prescription “B.Ed. from any NCTE recognized institution” pursuant to impugned Resolution for the post of Hindi Teacher in terms of corrigendum dated 13.12.2023 is unreasonable, unjust & arbitrary and therefore, is violative of Articles 14 & 16 of the Constitution of India; all through for appointment of post in question in Government Secondary Schools the prescribed qualification was B.Ed. from NCTE recognized institutions along with one of the following training qualifications, namely, i) Hindi Sikshyan Parangat from Kendriya Hindi Sansthan, Agra.

ii. B.H.Ed., a course prescribed by NCTE, from a recognized University/Institution.

iii. B.Ed in Hindi, a course prescribed by NCTE, from Dakhin Bharat Hindi Prachar Sabha, Madras.”

That being the position, the new addition would prejudice the interest of candidates like petitioners, and that the same is intended to exclude them from being in the fray of recruitment, only to unduly favour others having the said qualification.

3. Learned advocates appearing for the OPs/intending intervenors resist the petition making submission in justification of the prescription of additional qualification contending that what should be prescribed as qualification is essentially in the domain of employer and that the aspiring candidates cannot dictate terms to the employer in matters like this. He also highlights the circumstances in which this additional qualificat