1 of 21

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). Nos.13681 of 2022, 29418 of 2021 and 19515 of 2022

In W.P.(C) No.13681 of 2022

Siva Prasad Panda

….

Petitioner

-versus-

State of Odisha and Ors.

….

Opp. Parties

Advocates appeared in the case:

For Petitioner

:

Mr. Sameer Kumar Das, Adv.

-versus-

For Opp. Parties

:

Mr. Saswat Das, AGA

(for O.P.1)

Mr. Arnav Behera, Adv.

(for O.P.2/ OPSC)

Mr. P.K. Parjhi, ASGI

(for O.P.3/NCTE)

Mr. N. Samal, Adv.

(for O.P.,7)

Mr. S. Mohanty, Adv.

(for O.Ps.5, 6 & 8)

CORAM:

DR. JUSTICE S.K. PANIGRAHI

DATE OF HEARING:-24.08.2022

DATE OF JUDGMENT:-20.09.2022

Dr. S.K. Panigrahi, J.

1. The Petitioner in W.P.(C) No.13681 of 2022 seeks for quashing

of the selection of the Opposite Party No. 5 to 8 therein and

the Petitioner in W.P.(C) No.19515 of 2022 seeks for quashing

2 of 21

of the selection of the Opposite Party No. 5 to 13 therein and

others

as

Assistant

Professor

in

Teacher

Education

(Geography) as it is in violation of the NCTE Regulation and

Guideline for appointment of Asst. Professor in the UG and

PG classes of Teacher Training Colleges. Further, the

Petitioners in both the aforesaid Writ Petitions pray for a

direction to the Opposite Parties to appoint them as Asst.

Professors in Teacher Education (Geography) as they have the

eligibility as per the Rules and had also secured highest mark

in the career assessment. The Petitioners in W.P.(C) No.29418

of 2021 seeks for quashing the advertisement No.09 of 2021-22

issued by the Opposite Party No.2/ OPSC. Therefore, this

Court felt it appropriate to decide W.P.(C) No.13681 of 2022

first and whatever outcome of the said Writ Petition, the same

will be covered to other two writ petitions mentioned above.

I.

FACTUAL MATRIX OF THE CASE:

2.

Shorn of unnecessary details, the factual matrix of the case, in

brief is that an advertisement was issued by the OPSC on

27.07.2021 to fill up the post of Asst. Professor (Teacher

Education) Stage-1 in different disciplines in Government

Teachers’ Training Institutes under the Department of Higher

Education of Odisha. Such Advertisement No.09 of 2021-22

was issued by the OPSC pursuant to the Government

instruction and also the Odisha Education Service (College

Page 3 of 21

Branch) Recruitment Rules, 2020. The petitioner after

completion of his M.A. (Geography) in the year 2005 from

Utkal University joined B.Ed. course under Sambalpur

University and passed it in the year 2006. Thereafter, the

petitioner was selected for admission to the M.Ed. course

under Utkal University and completed M.Ed. in 2008. He has

obtained M. Phil in Geography from Utkal University in 2009

followed with NET in 2009 and PhD in Geography in the year

2018. Since the petitioner had the eligibility to be appointed as

Asst. Professor, Teacher Education (Geography), has applied

in the prescribed form pursuant to the Advertisement.

3.

The NCTE being the Apex Body in teachers’ education and

training, has prescribed the required qualification for

appointment as Teacher/Asst. Professor in all these two year

B.Ed./M.Ed. course in colleges. The relevant extract provided

in the 2014 Regulation in itsAppendix-4 is quoted as

hereunder:

"5.2 Qualifications

The

faculty

shall

possess

the

following

qualification:

A. Principal/HoD

(i)Post graduate degree in Arts/Science/Social

Science/Humanities/Commerce 55% marks; and

with minimum

(ii) M.Ed. with minimum 55% marks; and

(iii) Ph.D. in Education or in any pedagogic

subject offered in the institution; and

4 of 21

(iv) Eight years of teaching experience in a

secondary Teacher Education Institution.

Desirable:

Diploma/Degree

in

Educational,

Administration or Educational Leadership.

B. Perspectives in Education or Foundation

Courses

(i) Postgraduate degree in Social Science w