The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.19384 of 2022 Binita Kumari Karana …. Petitioner Mr. S.K. Samal, Advocate -versus- State of Odisha & Ors. …. Opposite Parties Mr. R.N. Mishra, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No 07. 1. This matter is taken up through Hybrid Arrangement
Decision
ORDER 06.04.2023 (Virtual/Physical) Mode. 2. Heard Mr. S.K. Samal, learned counsel for the Petitioner and Mr. R.N. Mishra, learned Addl. Govt. Advocate appearing for the Opp. Parties. 3. The present writ petition has been filed challenging the rejection of the candidature of the Petitioner vide the impugned notice dtd.19.05.2022 under Annexure-5 and non-consideration of the claim with due consideration of the objection so filed against the rejection of the Petitioner’s application under Annexure-6. 4. Learned counsel for the Petitioner contended that pursuant to the advertisement issued for recruitment to the post of Initial Appointee Teachers in Govt. Secondary Schools of the State of Odisha on // 2 // 23.12.2021 under Annexure-1, the Petitioner made her application for the said post. It is contended that though the Petitioner has got all the requisite qualification and along with her application she submitted all the documents/certificates in support of her qualification, but vide the impugned notice dtd.19.05.2022 under Annexure-5, the candidature of the Petitioner was rejected on the ground that the Petitioner has not produced the affiliation certificate and NCTE recognition of the relevant academic year of the institution from where Petitioner has obtained the B.Ed. qualification and the Petitioner has not submitted the 1st Semester mark sheet of the said B.Ed. examination also. The name of the Petitioner was reflected at Sl. No. 40 of the reject list enclosed to the impugned notice dtd.19.05.2022. 4.1. It is contended that as provided in the impugned notice dtd.19.05.2022, the Petitioner submitted the objection on 20.05.2022 under Annexure-6 and in the said objection Petitioner not only produced the required affiliation but also the NCTE certificate for the session 2014-15. It is contended that since the Petitioner has taken the admission during the academic session 2014-15, but passed the B.Ed. examination so conducted by Gulbarga University, the result of which was published in the month of January, 2017, Petitioner produced the affiliation and the Page 2 of 7 // 3 // NCTE recognition for the academic year 2014-15. It is also contended that along with her objection the Petitioner also produced the notification issued by the Berhampur University on 31.12.2014 under Annexure-8, wherein the B.Ed. course conducted by the Gulburga University has been treated as equivalent to the B.Ed. qualification of Berhampur University. 4.2. It is contended that the Petitioner along with her objection though produced the relevant certificates vide Annexure-7 series and the equivalency issued by the Berhampur University under Annexure-8, but when her candidature was not accepted nor any decision was taken with due communication, the present writ petition was filed. 4.3. It is contended that since the Petitioner has passed the B.Ed. conducted by Gulbarga University and the Petitioner to prosecute the said B.Ed. course took admission during the academic session 2014-15, the Petitioner produced the affiliation and NCTE certificate under Annexure-7 series showing the institution having affiliation for the academic session 2014-15 as well as the NCTE certificate for the said academic session. But the Opp. Parties never took a decision on the objection filed under Annexure-6 and the Petitioner was illegally deprived from the purview of selection. It is Page 3 of 7 // 4 // accordingly contended that necessary direction be issued to the Opp. Party No. 2 to take a decision on the claim of the Petitioner with due consideration of the objection so made on 20.05.2022 under Annexure-6 and to take consequential action, if the Petitioner is found eligible for the post in question. 5. Mr. R.N. Mishra, learned AGA on the other hand made his submission basing on the stand taken in the counter affidavit. It is contended that even though along with her objection so submitted under Annexure-6, produced the affiliation and the NCTE certificate for the academic session 2014-15, but since the Petitioner has passed the B.Ed. course in the month of January, 2017, the affiliation & NCTE certificate issued for the academic session 2014-15 is not acceptable. Since the Petitioner has taken the examination during the academic session 2016-17, the affiliation and NCTE certificate for the said session is required to be produced. Since along with her objection the Petitioner produced the affiliation and NCTE certificate for the academic session 2014- 15, her case was not taken up for consideration after receipt of the objection in question. It is accordingly contended that no illegality has been committed by the Opp. Parties either in rejecting the candidature of the Petitioner nor in not considering the objection so filed under Annexure-6. Page 4 of 7 // 5 // 6. Having heard learned counsel appearing for the Parties and after going through the materials available on record, it is found that pursuant to the advertisement issued under Annexure-1, the Petitioner made her application for the post of Initial Appointee Teacher by submitting the application under Annexure-4. When the candidature of the Petitioner was rejected vide the impugned notice dtd.19.05.2022 under Annexure-5 on the ground that the Petitioner has not submitted the affiliation and the NCTE certificate for the year of study and the 1st semester mark sheet, the Petitioner while submitting her objection on 20.05.2022 under Annexure-6, enclosed to the required affiliation and NCTE certificate for the academic session 2014-15. The Petitioner along with the objection also enclosed the mark sheet of both the 1st and 2nd semester conducted in the month of July, 2015 and January, 2016 and the final examination conducted in the month of January, 2017. The Petitioner also enclosed the notification issued by the Berhampur University declaring the equivalency of the B.Ed. course conducted by Gulbarga University from which the Petitioner has prosecuted the B.Ed. course. 6.1. Since the Petitioner took admission to prosecute the B.Ed. degree during the academic session 2014-15, the Petitioner along with her objection submitted the required affiliation and NCTE Page 5 of 7 // 6 // certificate for the academic session 2014-15. Therefore, the stand taken by the Opp. Parties that since the Petitioner did not produce the affiliation and NCTE certificate for the academic session 2016- 17 when she took the final examination, as per the considered view of this Court is not justified. It is also found that after receipt of the objection under Annexure-6, no decision has been taken on the claim of the Petitioner with passing of a reasoned order. Only when the Petitioner approached this Court, a stand has been taken in the counter affidavit that in absence of the required affiliation and NCTE certificate for the year 2016-17, the application of the Petitioner is not entertainable and it has been rightly rejected. 6.2. Therefore, in view of such position, this Court while disposing the writ petition, directs the O.P. No. 2 to consider the objection so submitted by the Petitioner under Annexure-6 and take a lawful decision with regard to the rejection of the Petitioners’ candidature within a period of 2 (two) months from the date of receipt of this order. However, it is observed that since the Petitioner took admission to prosecute the B.Ed. degree during the academic session 2014-15, the affiliation and NCTE certificate so produced for the academic session 2014-15 be accepted. On such consideration if it is found that the Petitioner is otherwise eligible, for her appointment appropriate order will be passed within the Page 6 of 7 // 7 // aforesaid time period. Since it is contended in the Bar that vacancies are there as on date due to non-joining of selected candidates, the said fact be also taken into account by the Opp. Party No. 2, while taking a decision as directed. 7. The writ petition is disposed of with the aforesaid observation and direction. (Biraja Prasanna Satapathy) Judge Sneha Page 7 of 7