Advocates:
['SATYABRATA MOHANTY', '', 'S S MOHAPATRA', 'A K JENA', 'M KUMAR', 'A P RATH', 'P SINHA']

W.P.(C) Nos.38329 & 38405 of 2021Page 1 of 19

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) Nos.38329 and 38405 of 2021

(In the matters of applications under Articles 226 and

227 of the Constitution of India, 1950).

In W.P.(C) No.38329 of 2021

Jyotiranjan Jena and Ors.

….

Petitioners

-versus-

Govt. of Odisha and Ors.

….

Opp. Parties

Advocates appeared in the case through Hybrid Mode:

For Petitioners

:

Mr. Satyabrata Mohanty,

Adv.

-versus-

For Opp. Parties

:

Mr.Biswajit Mohanty, SC

(for S & ME Deptt.)

In W.P.(C) No.38405 of 2021

Bijayaketan Bidyadhar Sahoo

….

Petitioner

-versus-

Govt. of Odisha and Ors.

….

Opp. Parties

Advocates appeared in the case through Hybrid Mode:

For Petitioner

:

Mr. Satyabrata Mohanty,

Adv.

-versus-

For Opp. Parties

:

Mr. Biswajit Mohanty, SC

(for S & ME Deptt.)

W.P.(C) Nos.38329 & 38405 of 2021 Page 2 of 19

CORAM:

MR.JUSTICE S.K. PANIGRAHI

DATE OF HEARING:-18.04.2022

DATE OF JUDGMENT:-06.05.2022

S.K. Panigrahi, J.

1. In both the above writ petitions, the petitioners have

assailed the arbitrary action of the authority by not

considering their candidature in the draft merit list.

The petitioners have been allegedly excluded from the

merit list merely on the ground that they have

completed their graduation degree in Commerce

(B.Com) and the B. Com degree course does not have

any school subjects.

2. The case, in a nutshell, is that, the School and Mass

Education Department, Government of Odisha has

decided to fill up the vacancies of different posts of

Contractual Trained Graduate Teachers and Telugu

Teachers in Government Secondary Schools of the

State of Odisha in 2021. Accordingly, the Director of

Secondary Education, Odisha Bhubaneswar-opposite

party

No.2

issued

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Notice

on

28.08.2021. This notification carried the details of the

conditions and norms which are applicable for the

intending eligible candidates for recruitment against

W.P.(C) Nos.38329 & 38405 of 2021Page 3 of 19

the existing vacancies of contractual Trained Graduate

Teachers in Government Secondary Schools of Odisha.

3. As per the advertisement, online registration would

commence from 04.09.2021 and would continue till

30.09.2021 up to 6.00 P.M. The minimum academic

and professional qualification as prescribed under

clause-5B of the said Advertisement for the post of

Trained Graduate Teachers Arts reads as follows:

"1. Bachelor Degree in Arts / Commerce

or a Shastri (Sanskrit) Degree from a

recognized university with two school

subjects (school subjects as defined in

the

proviso

here

under)

from

a

recognized

university

having

50%

marks

in

aggregate

(45%

for

SC/ST/PWD/

SEBC

candidates)

and

Bachelor in Education (B. Ed)/ 3 years

integrated B.Ed-M.Ed from a NCTE

recognized institution.

Or

2. Four-year integrated B.A. B. Ed from a

NCTE recognized institution with two

school

subjects

(school

subjects

as

defined in the proviso here under) having

50%

marks

in

aggregate

(45%

for

SC/ST/PWD/SEBC candidates).

Provided that:

In any case the candidate must have

passed the Bachelor Degree with any two

school

subjects

offered

as

Pass/

Hons/Elective/

Optional/Compulsory

subject out of the following:

English,

Odia,

Sanskrit,

History,

Geography, Economics, Political Science,

W.P.(C) Nos.38329 & 38405 of 2021 Page 4 of 19

Indian Economy, Landmarks in Indian

History, Indian Geography, Indian Polity.”

4. Accordingly, the petitioners applied for the post by

the due date and the examination was held on the

scheduled date. As the petitioners fulfilled all the

criteria i.e. educational qualifications as prescribed in

the

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after

completion

of

the

examination, the petitioners participated in the process

of

verification

of

documents.

Subsequently,