Orissa High Court
WP(C)/27414/2017 on 6 August, 2018
Author: S.Panda
Bench: S.Panda
W.P.(C) NO.27414 OF 2017
10. 06.08.2018 Heard learned counsel for the petitioner and learned
Standing Counsel for School and Mass Education Department.
2. This Writ Petition has been filed by the petitioner challenging
the order dated 10.07.2017 passed by the Odisha Administrative
Tribunal, Principal Bench, Bhubaneswar in O.A. No.2103 (C) of
2013 whereby the Tribunal has rejected the prayer of the petitioner
to consider his candidature as a Trained B.Ed. candidate for the
post of Hindi Teacher in the upgraded government high school on
contractual basis.
3. Learned counsel for the petitioner submitted that the
candidature of the petitioner was rejected by the Selection
Committee as he was untrained, even though he has the trained
qualification i.e. Sikhya Sastri degree (B.Ed.), which was declared
equivalent with B.Ed. degree of Utkal University vide its notification
dated 15.12.2011 under Annexure-4. The Utkal University by the
aforesaid notification has published a list of Universities, whose
B.Ed/Special Education etc. and correspondence courses have
been made equivalent with the corresponding B.Ed/Special
Education/M.Ed Regular and Correspondence Courses of the
Utkal University. He further submitted that till date there are more
than 40 posts of Hindi Teacher are lying vacant in the district of
Kendrapara, however, the opposite parties illegally not considered
the petitioner's application. He also submitted that the Tribunal
without applying its judicial mind to the said fact has passed the
BP
impugned order, which need be interfered with.
4. Learned Standing Counsel for School and Mass Education
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Department however, supported the impugned order and
submitted that the petitioner does not possess the prescribed
professional qualification pursuant to the advertisement made by
the authority, as such his candidature has been rejected by the
authorities. Since the petitioner does not fulfill the eligibility criteria,
the Tribunal has rightly passed the impugned order, which need
not be interfered with.
5. The brief facts of the case are as follows:-
The petitioner has passed 'direct' graduation degree from
Directorate of Distance continuing Education, Utkal University for
open school system in the year 2008, which degree does not
require any pre-qualification. He has also passed Rastrabhasa
Ratna examination in Hindi from Rastrabhasa Prachara Samiti,
Wardha in the year 2011. He also passed Acharya Examination
i.e. Master Degree in Sanskrit from Rastriya Sanskrit Vidya Pitha,
Deemed University, Tirupati, Andhra Pradesh with first class
Distinction in the year 2012. Thereafter he also passed B.Ed.
examination in First Class from Rastriya Sanskrit Vidya Piath,
Deemed University, Tirupati, Andhra Pradesh with Distinction in
the year 2012. He has obtained his birth certificate from Registrar
of Birth and Deaths, U.G. P.H.C., Delanga, Puri and registered his
name in the Employment Registration Certificate of Government of
Odisha, Department of Labour and Employment, Bhubaneswar.
Utkal University has notified Degree/Diplomas of other
Universities as equivalent with the corresponding
Degree/Diplomas of Utkal University on reciprocal basis, subject to
ratification by the Academic Council. As per the said notification,
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Sikhya Sastri Degree - Sikshya Acharya Degree of Rastriya
Sanskrit Vidyapitha, Tirupati, Andhra Pradesh has been
recognized as equivalent to B.Ed. Degree of Utkal University. The
Director, Secondary Education, Odisha published an
advertisement on 06.06.2013 to fill up 4707 vacant posts in various
ungraded government high schools of the State. Pursuant to said
advertisement, the District Education Officer, Kendrapara
published an advertisement in order to fill up 68 posts of Hindi
Teacher in Kendrapara district. In the said advertisement the
relevant eligibility condition for Hindi Teacher indicated as follows:-
"In case of Hindi teacher, a candidate must have
obtained a Bachelor's degree from a recognized
University with Hindi as one of the elective subject or with
Rastrabhasa Ratna from Rastrabhasa Prachar Samiti,
Wardha or with Sastri from Odisha Rastrabhasa
Parisada, Puri or with Snataka (acquired by June, 2005,
the date up to which the temporary recognition has been
granted) from Hindi Sikshaya Samiti, Odisha, Cuttack or
an equivalent degree from a recognized institution and
Hindi Sikshyan Parangat from Kendriya Hindi Sansthan,
Agra/B.H.E.D. from Hindi Teachers Training Institute,
Cuttack/Hindi Teachers Training Certificate Course from
Hindi Teachers Training Institute, Cuttack, Bhubaneswar
and Samablpur. If persons with above qualifications are
not available, then person having the qualifications of a
Bachelor's degree from a recognized University with
Hindi as one of the elective subject or with Rastrabhasa
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Ratna from Prachar Samiti, Wardha or with Shastri from
Odisha Rastra Bhasa Parisad, Puri or with Snataka
(acquired by June, 2005, the date up to which temporary
recognition had been granted) from Hindi Sikshya Samiti,
Odisha, Cuttack or an equivalent Degree from
recognized Institution and Hindi Sikshyan Praveen from
Kendriya Hindi Sansthan Agra shall be considered.
(emphasis supplied)
The documents filed by learned Standing Counsel for School and
Mass Education Department reveals that the District Education
Officer, Kendrapara has published a notification on 14.08.2013
regarding provisional merit-cum-reject list of Kendrapara district for
engagement of Contract Teachers against the advertisement of
June, 2013 for information of all concerned and for filing of
objections on or before 29.08.2013 wherein the petitioner name
was published as untrained for which his application was not
considered for engagement. After knowing the said fact, the
petitioner has filed his objection and submitted all the documents
in respect of acquiring training qualification. In the said notification
at Clause-7 it was reflected that the candidature of untrained
applicants for Hindi Posts (without professional qualification of
Parangat / BHED / HTTC or Praveen) have been rejected outright
without scrutiny of other eligibility conditions. Since no action was
taken by the authorities on the application of the petitioner, he
approached the Tribunal to consider his candidature as a Trained
B.Ed. candidate for the post of Hindi Teacher in the upgraded
government high school on contractual basis.
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6. Before the Tribunal, the District Education Officer,
Kendrapara has filed its counter contending inter alia that the
applicant does not have Hindi Teacher Training nor B.H.E.D. nor
Parangat qualification, as required pursuant to the advertisement.
He has also not possessed Snatak or Hindi Sikhshyan Praveen
qualification required under the relaxed category. Besides he has
not submitted the matriculation certificate which is very much
relevant for the date of birth with passing Odia subject up to high
school level.
7. The Tribunal considering the respective plea of the parties
recorded a finding that the candidate has to fulfill all the criteria
strictly as per the advertisement. However, the applicant does not
fulfill the eligibility criteria. Accordingly, the Tribunal has passed the
impugned order rejecting the prayer of the petitioner.
8. On perusal of records, it appears that the Government of
Odisha in the Department of School and Mass Education
Department have issued a resolution on 18.02.2008 regarding
introduction of common qualification for the post of Hindi Teachers
in Government, Fully Aided, Block Grant and Recognized High
Schools of the State with one identical scale of pay. Clause-10 and
11 of the said resolution stipulates as follows:
"10. The Government after careful consideration have
been pleased to decide as follows:-
Qualification - The minimum educational qualification
for the post of Hindi Teacher in a High School irrespective of
Government, Fully Aided, Block Grant and recognized shall
be as below.
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A Bachelor's Degree from a Recognized University with
Hindi as one of the lective subject or with Rastrabhasa
Ratna from Rastrabhasa Prachar Samiti, Wardha or an
equivalent Degree from a Recognized Institution and Hindi
Shikshyan parangat from Kendriya Hindi Sansthan,
Agra/Hindi Teachers Training Certificate Course from Hindi
Training Institutes, Cuttack, Bhubaneswar and Sambalpur.
Equivalency : 11. The Hindi Teachers Training Certificate
Course conducted by the Hindi Training Institute, Cuttack,
Bhubaneswar and Sambalpur is declared as equivalent to
Hindi Shikshyan parangat vis-à-vis B.Ed. Degree of an
Indian University for the purpose of employment."
It further appears that the Utkal University, Vani Vihar,
Bhubaneswar has issued a notification on 23.04.2010 to the effect
that the Siksha Sastri Degree-Siksha Acharaya Degree of
Rashtriya Sanskrit Vidyapitha, Tirupati, A.P. is equivalent to B.Ed
Degree of Utkal University. Since the training qualification i.e.
Sikhya Sastri has been declared as equivalent qualification with
B.Ed. degree of Utkal University, non consideration of the
candidature of the petitioner for the post of Hindi Teacher on the
ground that Sikhya Sastri qualification has not been recognized to
be a training qualification is not sustainable in the eye of law.
9. In view of the discussions made hereinabove, since 40 posts
of Hindi Teacher are lying vacant in the district of Kendrapara, we
set aside the impugned order and direct the opposite parties to
consider the case of the petitioner for the post of Hindi Contract
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Teacher in accordance with law, as expeditiously as possible,
preferably within a period of two months from the date of
production of certified copy of this order.
The Writ Petition is accordingly disposed of.
........................
S.Panda, J.
.......................... K.R.Mohapatra, J.