The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.14671 of 2023 Sativada Varsha …. Petitioner Mr. B.K. Sharma, Advocate -versus- State of Odisha & Ors. …. Opposite Parties Mr. S. Jena, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 13.03.2024 Order No 16. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard Mr. B.K. Sharma, learned counsel for the Petitioner and Mr. S. Jena, learned Addl. Govt. Advocate appearing for the Opp. Parties. 3. Petitioner has filed the present writ petition inter alia challenging order dtd.31.07.2022 so passed by Opp. Party No. 3 under Annexure-7. Vide the said order claim of the Petitioner to get the benefit of appointment to the post of TGT Science (PCM) was rejected.
Legal Reasoning
4. It is contended that pursuant to the notice issued by Opp. Party No. 2 on 23.12.2021 under Annexure-1 for recruitment to the post of Initial Appointee Teacher in Govt. Secondary Schools of the State of Odisha, 2021-22, Petitioner made her application as against the post of TGT Science (PCM). It is contended that Petitioner in terms of the eligibility prescribed vide Para 5 of the notice, made her application and in the examination so conducted, Petitioner // 2 // secured 99.7134% of mark as reflected in Annexure-5. It is contended that even though Petitioner has secured 99.7134% of mark, but she was not selected as she belongs to OBC Category and she made her application as a General Category candidate. 4.1. It is contended that in the notice issued under Annexure-1, no post was reserved as against the post of TGT Science (PCM) in OBC Category and even though Petitioner belongs to OBC Category, but since there was no vacancy advertised as against the said category, Petitioner made her application as a General Category candidate and her application was not only entertained but also she was allowed to participate in the selection process. However, on the ground that the Petitioner belongs to OBC Category and she has made her application as a General Category candidate, when her candidature was rejected at the time of verification of documents, he initially approached Opp. Party No. 3 by making an appropriate application for reconsideration of her claim on 21.05.2022 under Annexure-6. 4.2. It is contended that when no action was taken by Opp. Party No. 3 to the application submitted under Annexure-6, Petitioner approached this Court in W.P.(C) No.13444 of 2022. This Court
Decision
vide order dtd.27.05.2022 while disposing the writ petition, directed Opp. Party No. 3 to take a decision on the claim made by the Petitioner in his representation under Annexure-6. Pursuant to the said order claim of the Petitioner has been rejected vide the impugned order dtd.31.07.2022 under Annexure-7. 4.3. Learned counsel for the Petitioner contended that since in terms of the notice issued under Annexure-1, Petitioner does have the requisite qualification and other eligibility criteria as required and Page 2 of 10 // 3 // she having secured 99.7134% of mark, her candidature could not have been rejected on the ground that she belongs to OBC Category and she cannot make her application as a General Category candidates. It is also contended that in the notice issued under Annexure-1 as against the post of TGT (PCM), since no vacancy was there for OBC Category, she made her application as a General Category candidate. 4.4. It is also contended that there is no bar in that regard for her participation as a General Category candidate when no vacancy was indicated for OBC Category. But on the face of the order passed by this Court in the earlier writ petition, Opp. Party No. 3 by taking a different plea that since Petitioner in her OSSTET Examination had secured 87 mark and candidate selected in General Category has secured 90 mark in the OSSTET Examination-2018, Petitioner is not eligible and entitled to get the benefit of appointment. 4.5. Learned counsel for the Petitioner contended that in the notice issued under Annexure-1, there was no such stipulation to consider the mark secured in the OSSTET Examination as an eligible criteria. Passing of OSSTET is an additional requirment so prescribed in the notice issued under Annexure-1. It is accordingly contended that the ground on which claim of the Petitioner has now been rejected pursuant to the earlier order passed by this Court, under Annexure-7 is not sustainable in the eye of law. 5. Learned Addl. Govt. Advocate on other hand made his submission basing on the stand taken in the counter affidavit so filed by Opp. Party No. 3. It is contended that since Petitioner in her OSSTET Examination has secured 87 marks and candidate selected in General Category has secured 90 marks, Petitioner is not eligible Page 3 of 10 // 4 // and entitled to get the benefit of appointment as against the vacancy meant for General Category candidate. The stand taken by Opp. Party No. 3 in Para 11 of the counter affidavit is reproduced hereunder:- “11. That, it is humbly submitted that the Government in School and Mass Education Department vide Resolution No.18618/SME dated 17.09.2016. Addendum No. 19064/ SME dated 31.08.2018 and Letter No.5636/SME dated 10.02.2021 have prescribed guidelines for conducting Odisha Secondary School Teacher Eligibility Test (OSSTET) decided that to be eligible for appointment as a teacher in any of the secondary schools of the State, one should pass Teacher Eligibility Test and accordingly guidelines have been framed for conduct of the Teacher Eligibility Test called OSSTET in the State. In the said guidelines at Para-7 it is stipulated that the minimum pass mark in each paper is 60%. A person securing 60% or more in each paper shall be considered to have qualified OSSTET. In case of SC/ ST/ PH/ SEBC candidates the minimum pass mark shall be 50%. From the above it is clear that a candidate under General (UR) category have to secure 60% i.e. 90 marks in order to qualify the OSSTET. But here the petitioner has secured 87 marks and qualified under OBC category not under General category, on this ground only her application was rejected due to the reason for not qualifying the OSSTET. It is pertinent to mention here that as per the prevailing guidelines, unless a person has acquired the OSSTET qualification in the concerned category, his/her application cannot be considered as an eligible candidate for the post, as such the reliance of the petitioner on the said clause is completely misconceived. The copy of the guidelines for conducting Odisha Secondary School Teacher Eligibility Test (OSSTET) is annexed herewith as Annexure-C/3.” 6. Heard learned counsel appearing for the Parties. Perused the materials available on record. This Court finds that pursuant to the Page 4 of 10 // 5 // notice issued by Opp. Party No. 2 under Annexure-1 on 23.12.2021, Petitioner made her application as against the post of TGT Science (PCM). The eligibility criteria so prescribed in the notice vide Para 5 is reproduced hereunder:- “5. Eligibility Conditions: A. AGE: A candidate must have attained 21 years of age and must not be above 32 years of age as on 01.01.2021. Provided that relaxation in upper age limit shall be allowed to candidates of different social/special categories in the following manner: i) in case of SC/ST/SEBC/Women by 5 years ii) in case of Persons with Disabilities by 10 years iii) In case of ex-military persons as per GA Dept. Notification No 22586/Gen Dt.16.10.1985. This relaxation in age as required under provisions of the ORV Act, PwD Act and other relevant rules amended from time to time, may be modified with reference to above said acts. Provided that, a candidate who comes under more than one category (Social or Special) mentioned in above, he/she will be eligible for only one age relaxation benefit, which shall be considered most beneficial to him/her. Provided further that, Persons with Disabilities shall be entitled to cumulative age relaxation of ten years over and above the normal age relaxation specified in sub rule -3(a) and (b)of the Odisha Civil Services (Fixation of Upper age limit) Rules, 1989 as amended from time to time’. In view of the fact that, the recruitment of such teachers has not been held regularly, Government have allowed enhancement of Upper Age Limit for all the above category of candidates for further 5 years as a onetime measure for this recruitment. B. Educational Qualification: Post MINIMUM ACADEMIC AND PROFESSIONAL QUALIFICATION TGT Arts 1. Bachelor Degree in Arts/Commerce or a Shastri (Sanskrit) Degree from a recognised 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-year 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 Page 5 of 10 // 6 // 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, Hindi, Sanskrit, History, Geography, Economics, Political Science, Indian Economy, Landmarks in Indian History, Indian Geography, Indian Polity 1. Bachelor Degree in Science/B. Tech/ B.E. 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-year from a NCTE recognized Institution. OR 2. Four-year Integrated B. Sc. 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 as two Degree with Pass/Hons/Elective/optional subject out of the following: integrated B.Ed.-M.Ed. subjects offered school any TGT Science (PCM) & TGT Science (CBZ) a) For Trained Graduate Teacher-Science (PCM): Physics, Chemistry, Mathematics, b) b)For Trained Graduate Teacher-Science (CBZ): Chemistry, Botany, Zoology, Biology, Biotechnology Hindi Teacher 1. Bachelor’s degree from a recognized University with Hindi as one of the electives /Optional/Pass/ Honours subject with minimum 50% marks in aggregate (45% for SC/ST/PWD/ SEBC candidates) And one of the following Training qualifications a) Hindi Shikshan Parangat from Kendriya Hindi Sansthan, Agra b) B.H.Ed., a course prescribed by NCTE, from a recognized University/ Institution c) B. Ed in Hindi, a course prescribed by NCTE, from Dakshin Bharat Hindi Prachar Sabha, Madras. d)B. Ed from a NCTE recognized institution. OR Page 6 of 10 // 7 // 2.Bachelor’s degree from a recognized University with minimum 50% marks in aggregate (45% for SC/ST/PwD /SEBC candidates) with one of the following qualifications; a) Rastrabhasa Ratna from Rastrabhasa Prachar Samiti, Wardha b) Shastri (Hindi) from Orissa Rastrabhasa Parishad, Puri c) Snataka (Acquired by June-2005, the date up to which the temporary recognition has been granted) from Hindi Shiksha Samiti, Orissa, Cuttack and one of the following Training qualifications: a) Hindi Shikshan Parangat from Kendriya Hindi Sansthan, Agra b) B.H.Ed, a course prescribed by NCTE, from a recognized University/ Institution c) B. Ed in Hindi, a course prescribed by NCTE, from Dakshin Bharat Hindi Prachar Sabha, Madras. d) B. Ed from a NCTE recognized institution. 1. Bachelor’s Degree with Sanskrit as one of the electives /optional/Honours /pass subjects from a recognized university with minimum 50% marks in aggregate (45% for SC/ST/PwD/SEBC candidates) and Shiksha Shastri (Sanskrit) a course prescribed by NCTE, from a recognized University/Institution OR 2. Shastri (Sanskrit) with minimum 50% marks in aggregate (45% for SC/ST/PWD/SEBC candidates) from a recognized university and Shiksha Shastri (Sanskrit), a course prescribed by NCTE, from a recognized University institution. +2 or its equivalent examination from a recognised institution and C.P.Ed./ B.P.Ed./ M.P. Ed from a recognized Board/University. Bachelor degree in Arts having Telugu as a subject with minimum 50% marks in aggregate (45% for SC/ST/PwD/SEBC candidates) and Telugu B.Ed. from a University/Institution recognized by NCTЕ. Classical Teacher (Sanskrit) Physical Education Teacher Classical Teacher (Telugu) Any qualification higher than the prescribed qualification shall not be given any weightage. C. Other Eligibility Conditions: (a) he/she must be a citizen of India. (b)The candidate must be able to read and write ODIA. Any one of the following qualifications will be taken into consideration to ascertain this ability of the candidate for the posts. Page 7 of 10 // 8 // i) He/she must have passed HSC Exam conducted by Board of Secondary Education, Odisha or any equivalent Examination with Odia as a Language Subject i.e. First/Second or Third Language. ii) He/ She must have passed +2 /Higher Secondary Examination conducted by Council of Higher Secondary Education, Odisha with Odia as an examinable subject. iii) He/she must have passed Odia Examination of Matriculation/HSC standard conducted by BSE, Odisha (c) He/she must have passed Odisha Secondary School Teacher Eligibility Test (OSSTET) in concerned category and subject. Provided that, candidates who are appearing the OSSTET (2nd) 2021 can also apply and appear the Computer Based Test to be conducted for this recruitment, but they will have to update the result of OSSTET in the Online application before short listing of candidates to be called for verification of documents. Such candidates shall have to produce the OSSTET Pass Certificate at the time of verification of documents as mentioned in para 9 of this advertisement. (d) Candidates possessing Academic / Training qualifications from Boards / the Universities authenticated proof of equivalency / Institutions outside Odisha shall have to produce from any recognised Universities of the State of Odisha, affiliation of their institution to a recognised University and recognition of such Training course and Institute by NCTE failing which he/she shall not be considered as eligible for selection. (e)A candidate furnishing certificates, mark-sheets with grades and grade- point shall have to also furnish numerical equivalence of grades/grade points from the examining bodies failing which he/she shall not be treated as eligible for selection. (f) He/she must have a good character and shall submit character certificate from two Gazetted officers (not being his relation). (g) He/she must not have more than one spouse living. (h)He/She must have paid the processing fee as stipulated in para 6 of this advertisement. (i) A person already in service of Government shall be eligible for recruitment to the service subject to his being within the prescribed age limit and being otherwise eligible and further subject to that s/he produces ’no objection Page 8 of 10 // 9 // certificate’ from the competent authority at the time stipulated for verification of documents before issue of engagement order.” 6. As found from the eligibility criteria, Petitioner does have the required qualification and she has also passed her OSSTET Examination in the examination conducted by the Board in the year 2018, result of which was published on 20.03.2019. In the notice issued under Annexure-1, there is no such stipulation that the mark secured by a candidate in her/his OSSTET Examination will be the criteria for selection of candidates for the post in question. Since Petitioner does have the required eligibility in terms of Para 5 of the notice, the ground on which claim of the Petitioner has now been rejected vide the impugned order as per the considered view of this Court is not sustainable in the eye of law. 6.1. Therefore, this Court is inclined to quash Office order dtd.21.07.2022 so passed by Opp. Party No. 3 under Annexure-7. While quashing the same, this Court held the Petitioner eligible to get the benefit of appointment. However, since no material is produced before this Court showing that candidates securing less mark than the Petitioner in the examination have been provided with the appointment, this Court directs opp. Party No. 2 to take a decision on the claim of the Petitioner to get the benefit of appointment. 6.2. This Court directs Opp. Party No. 2 to provide appointment to the Petitioner, if any person who has secured less mark than the Petitioner in the examination in question in General Category has been provided with the appointment. This Court also observe that Petitioner will be entitled to get the benefit of appointment with all service and financial benefits from the date person similarly situated were so appointed pursuant to the notice issued under Page 9 of 10 // 10 // Annexure-1. The entire exercise shall be undertaken and completed by Opp. Party No. 2 within a period of four (4) weeks from the date of receipt of this order. Petitioner is directed to provide a copy of this order before Opp. Party No. 2 for compliance. 7. The writ petition is disposed of accordingly. (Biraja Prasanna Satapathy) Judge Sneha Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Mar-2024 10:15:10 Page 10 of 10