Orissa High Court
Nirmala Biswal vs Opsc on 5 May, 2022
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.11431 of 2022
Nirmala Biswal .... Petitioner
Mr. Sanatan Das, Adv.
-versus-
OPSC, Cuttack and another. .... Opposite Parties
Mrs. Suman Pattanayak,
A.G.A.
Mr. A. Behera, Advocate
(for the OPSC)
CORAM: MR. JUSTICE S.K. PANIGRAHI
ORDER
Order No. 05.05.2022
01. 1. This matter is taken up through hybrid mode.
2. The present petitioner has filed this writ petition assailing the action of the opposite parties, especially opposite party No.1- Odisha Public Service Commission (OPSC) in rejecting the candidature of the petitioner for the post of Assistant Professor (Teacher Education) Stage-1 in the discipline of Political Science.
3. The petitioner has passed M.A. examination in Public Administration and has applied for the post of Assistant Professor (Teacher Education) Stage-1 in the discipline of Political Science.
4. As per advertisement No.09 of 2021-22 issued by the OPSC inviting online applications for the post of Assistant Professor (Teacher Education) Stage-1 in different disciplines of government teacher training institutes under the Department of Higher // 2 // Education, Government of Odisha, there were posts for Teacher Education (Political Science) and the eligibility mentioned for educational qualification in the said advertisement is M.A. in Political Science with minimum 55% of marks or equivalent cadre.
5. The grievance of the petitioner is that he is a M.A. in Public Administration with 69% marks. However, the OPSC vide order dated 21.04.2022 has rejected the candidature of the present petitioner citing not eligible due to no required qualification in the subject.
6. Learned counsel for the petitioner relies the judgment of the Apex Court passed in Civil Appeal No.4908 of 2008 (Dr. Rajbir Singh Dalal) vs. Chaudhari Devi Lal University, Sirsa & Another), wherein the Apex Court has held that Public Administration and Police Science are not distinct. Hence, the person having Public Administration degree should also be considered for the post of Public Administration. Learned counsel for the petitioner has also referred to the Public Notice issued by the University Grants Commission on 04.07.2018, wherein it has been mentioned that the subjects of Political Science and Public Administration can be considered inter-changeably for the purpose of appointment of Assistant Professor. However, in the last line of the said Public Notice, it has clarified that the concerned Higher Education Institution may be decided on the requirement of expertise in the subject.
7. In such view of the matter, the opposite party No.1 is directed to allow the petitioner to appear in the interview scheduled to be held Page 2 of 3 // 3 // on 6th and 7th May, 2022 and the result with respect to the subject of Teacher Education (Political Science) discipline shall be published not before the final disposal of the matter.
8. List this matter on 16.05.2022 for final disposal.
9. Urgent certified copy of this order be granted on proper application, during course of the day.
(S.K. Panigrahi) Judge pcd Page 3 of 3