The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.1742 of 2024 Tapan Takaria …. Petitioner Mr. S.B. Mohanty, Advocate Govt. of Odisha and Others -versus- …. Opposite Parties Mr. B.P. Tripathy, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY
Decision
ORDER 28.02.2024 Order No. 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard Mr. S.B. Mohanty, learned counsel for the Petitioner and Mr. B.P. Tripathy, learned Addl. Govt. Advocate for the State. Addl. affidavit filed in Court be kept in record. 3. Petitioner has filed the present Writ Petition inter alia with the following prayer: - “It is therefore prayed that this Hon’ble Court may graciously be pleased to admit the Writ Petition, issue notice to the opposite parties and directed to file show cause as to why the order of disengagement dtd.18.12.2023 under Annexure-9 will not be quashed and in consequences thereof he may be reinstated in service with all consequential service benefits in the interest of justice.” // 2 // 4. It is contended that the petitioner was engaged as Sikshya Sahayak vide order dated 29.11.2012 under Annexure-2, pursuant to the advertisement issued on 08.12.2011 under Annexure-1. Petitioner vide order dated 18.12.2015 under Annexure-3 was regularized as a Junior Teacher w.e.f. 27.10.2018. However, for the purpose of regularization as Level-V Zilla Parishad Teacher, petitioner produced his OTET pass certificate of the year 2019. But the same when was found to be a fake one vide Annexure-4 basing on the report submitted by the Board of Secondary Education on 24.09.2021, petitioner accordingly was issued with a show-cause on 01.10.2021 under Annexure-9 series proposing therein to terminate him from his services on the ground that the petitioner has submitted a fake OTET pass certificate to get the benefit of regular appointment. 4.1. It is contended that since the show-cause under Annexure-9 was issued basing on the letter issued by the Board of Secondary Education on 24.09.2021 vide Annexure-4 and petitioner along with the show-cause was not provided with a copy of the letter so issued by the Board, Petitioner seeking a direction on the O.P. No.3 to provide him a copy of the letter so issued by the Board approached this Court in W.P.(C) No.3360 of 2021 and W.P.(C) No.11451 of 2023. Page 2 of 5 // 3 // 4.2. This Court vide order dated 19.04.2023 while disposing the matter under Annexure-5, directed the concerned authority to provide the report submitted by the Board to the petitioner and on such supply of the report, petitioner will be allowed to submit his reply to the show-cause within a period of 15 days. 4.3. It is contended that even though petitioner submitted his reply to the show-cause on 30.10.2021 and 18.11.2021 under Annexure-7 series, but without proper appreciation of the same, O.P. No.3 passed the order of termination, terminating petitioner from his services vide order dated 18.12.2023 under Annexure- 9. It is contended that by the time petitioner was so terminated, he had already acquired the OTET qualification result of which was published on 09.01.2023 under Annexure-8. But O.P. No.3 did not take into consideration the said aspect and terminated petitioner from his services vide the impugned order under Annexure-9. Learned counsel for the Petitioner contended that since the petitioner in the meantime had acquired the qualification of OTET on 09.01.2023, petitioner could not have been terminated from his services on the ground indicated in the impugned order. 5. On instruction learned Addl. Govt. Advocate contended that petitioner was appointed as Sikshya Sahayak in the year 2012 and regularized as a Junior Page 3 of 5 // 4 // Teacher in the year 2015. As per the provisions contained under Section-23 of the Right of Children to Free and Compulsory Education (RTE) Act, 2009, coupled with the notification issued by the National Council for Teacher Education on 23.08.2010. Petitioner was required to pass the OTET. Since petitioner in terms of the act and the notification was not having the OTET qualification for the purpose of his regularization, when he was asked to submit his certificate basing on the letter issued on 27.10.2018 under Annexure-3, petitioner submitted the same which was found to be a fake one. 5.1. On the ground that the petitioner to get the benefit of regularization submitted a fake OTET certificate, show-cause was issued to him on 01.10.2021 under Annexure-7 series proposing therein to terminate him from his services for having submitted a fake OTET pass certificate. After due consideration of the reply so submitted on 30.10.2021 and 18.11.2021, petitioner was terminated from his services vide order dated 18.12.2023 under Annexure-9. It is accordingly contended that there is no illegality or irregularity with regard to the action taken by the O.P. No.3 in terminating the services of petitioner, as the petitioner submitted a fake OTET certificate of the year 2019 to get the benefit of regularization. Page 4 of 5 // 5 // 6. Having heard learned counsel for the parties and considering the submissions made, this Court while disposing the Writ Petition permits the petitioner to make an appropriate application before O.P. No.2 seeking his reinstatement on the ground that the petitioner in the meantime has acquired the OTET qualification, result of which was published on 09.01.2023 vide Annexure-8. It is observed that if any such application is moved before O.P. No.2 within a period of 2 (two) weeks hence, O.P. No.2 shall take a lenient view on the same taking into account the continuance of the petitioner for the last so many years, within a period of 2 (two) months thereafter. O.P. No.2 while taking such a decision shall take into consideration the OTET qualification acquired by the petitioner 09.01.2023 under Annexure-8 in its proper perspective. O.P. No.2 is also directed to take his own independent decision, without being influenced by the impugned order passed by O.P. No.3 on 18.12.2023 under Annexure-9. 7. The Writ Petition is accordingly disposed of. Basudev Signature Not Verified Digitally Signed Signed by: BASUDEV SWAIN Reason: Authentication of order Location: High Court of Orissa, Cuttack Date: 29-Feb-2024 16:01:19 (Biraja Prasanna Satapathy) Judge Page 5 of 5