Orissa High Court
Ratnakar Barik vs State Of Odisha & Others .... Opp. ... on 28 July, 2022
Author: M.S. Sahoo
Bench: M.S. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPC (OA) No. 1305 of 2016
Ratnakar Barik .... Petitioner
None
-versus-
State of Odisha & others .... Opp. Parties
Mr. Nilambar Jena, Standing
Counsel (S & ME Deptt.)
CORAM:
JUSTICE M.S. SAHOO
ORDER
Order No. 28.07.2022 01. 1. This matter is taken up through hybrid mode.
2. The writ petition has been registered before this Court on 5th January, 2022 after the Original Application was transferred from the learned Odisha Administrative Tribunal, Principal Bench, Bhubaneswar upon its abolition.
3. On perusal of the available order sheets of the learned Tribunal, it is indicated that notices were issued on 04.07.2016 directing the opposite parties to file counter within four weeks and rejoinder thereto was to be filed within two weeks thereafter. A further order of status quo in the form of interim relief was granted, thereafter the matter was listed on five occasions. After 19.01.2017, it was not taken up/pursued. Counter on behalf of the Respondent No.3, District Education Officer, Sambalpur is available on record.
4. Referring to the averments made in the writ petition as well as para-6 and 7 of the counter, it is submitted by the learned Standing Counsel that order of posting the petitioner is RJ as per the Government Policy for implementation of Right to Education to maintain teacher to pupil ratio and the order of posting cannot be faulted with. Learned Standing Counsel also // 2 // refers to para-9 of the counter to buttress his submissions. Para-6, 7 and 9 of the counter filed before the learned Tribunal are quoted herein:-
"6. That on rationalization in the past years, there were still single teacher schools in the State and Upper Primary Schools with no Science teachers. This has been viewed adversely by Hon'ble High Court and instructions have been issued to the Government in School and Education Department, Odisha, Bhubaneswar for rationalization of teachers in WP(C) PIL No.15395/2015. Further, MoHRD has also given instruction in the Annual Plan Meeting for complying to the RTE norms of PTR.
7. That as per instructions of Hon'ble High Court in WP(C) PIL No.15395 /2015 and for complying to the RTE norms of PTR, the Government in School and Education Department, Odisha, Bhubaneswar decided to take up rationalization of teachers in Elementary Schools for the year 2016-2017 and issued guidelines vide letter No.11134/SME dated 04.06.2016.
9. That Ambajhari Upgraded Upper Primary School is running with Class-I to VIII having roll strength 34 only and there were six teachers working in the school. The school has 23 and 11 number students in Primary (Class-I to V) and in Upper Primary (Class VI to VIII) respectively. As per RTE norms the requirement of teachers in Primary section is two and in Upper Primary Section is three. So the total requirement of teachers in the school is five. So as per RTE norms Ratnakar Barik was found surplus in the said school being station senior being his date of joining in the school 02.07.1997."
5. Having heard, learned Standing Counsel, to grant another opportunity to the petitioner, list on 10th August, 2022.
(M.S. Sahoo) Judge Page 2 of 2