The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.27022 of 2021 ..... Md. Mustak & Ors. Petitioners Mr. Sidhant Das, Advocate State Of Odisha & Ors. -versus- ..... CORAM: Opposite Parties Mr. M.K. Balabantaray, AGA THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 14.08.2024 Order No.07 1. This matter is taken up through hybrid mode.
Legal Reasoning
2. Heard Mr. Sidhant Das, learned counsel appearing for the Petitioners, and Mr. M.K. Balabantaray, learned Addl. Govt. Advocate appearing for the Opp. Parties. 3. Petitioners have filed the present writ petition inter alia with the following prayer:- (i) (ii) (iii) (iv) “It is, therefore, humbly prayed that this Hon’ble Court may graciously be pleased to:-
Decision
Admit the writ petition; Call for the records; Issue RULE NISI calling upon the opposite parties why the Appendix 1 of the resolution dated 13.07.2021 under Annexure-3 and Clause-5(B) of advertisement dated 13.08.2021 under Annexure-4 in so far as the minimum qualification prescribed for recruitment of Contractual Hindi teachers shall not be quashed; If the opposite parties fail to show cause or show insufficient cause, issue a writ in the nature of Certiorari by quashing the Appendix 1 of the resolution dated 13.07.2021 under Annexure-3 and Clause 5 (B) of advertisement dated 13.08.2021 under Annexure-4 in so far as the minimum qualification prescribed for recruitment of Contractual Hindi teachers is concerned; Page 1 of 5. (v) (vi) to Issue a writ in the nature of Mandamus or any other writ/writs direction/directions directing the opposite issue necessary corrigendum the resolution under Annexure-3 and advertisement under Annexure-4 by fixing the minimum qualification in terms of the Notifications issued by Central Govt. and Utkal University under Annexure-5&6 and the petitioners be accordingly allowed to participate in the process of selection for the post of Hindi Teacher within a reasonable time to be stipulated by this Hon'ble court; Pass such other order/orders, direction /directions as this Hon'ble Court may deem fit and proper. And, for this act of kindness, the petitioner as in duty bound shall ever pray.” 4. Learned counsel for the Petitioners contended that Opp. Party No. 1 in terms of the impugned resolution dtd.13.07.2021 under Annexure-3 invited applications for recruitment of contractual Hindi, Sanskrit, Urdu & Physical Education Teacher in Govt. Secondary School. Vide the said resolution, as against the post of Hindi Teacher the qualification as prescribed reads as follows:- “1. Bachelor’s degree from a recognized University with Hindi as one of the elective/Optional/Pass/Honours subject with minimum 50% marks in aggregage (45% or SC/ST/PWD/SEBC candidates) and One of the following Training qualifications a) Hindi Shikshan Parangat from Kendriya indi 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 Dakin Bharat Hindi Prachar Sabha, Madras. OR 2. Bachelor’s degree from a recognized University with minimum 50% marks in aggregate (45% or SC/ST/PWD/SEBC candidates) with one of the following qualifications; a) Rastrabhasa Ratna from Rastrabhasa Prachar Samiti, Wardha Page 2 of 5. 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 Sikshaya Samiti, Orissa, Cuttack and one of the following Training qualifications: a) Hindi Shikshan Parangat from Kendriya Hindi Sansthan, Agra b) B.D.Ed a course prescribed by NCTE, from a recognized University/Institution c) B.Ed in Hindi, a course prescribed by NCTE, from Dakhin Bharat Hindi Prachar Sabha, Madras.” 4.1. Learned counsel for the Petitioners contended that the qualification so prescribed in the impugned resolution since is not in conformity with the qualification prescribed by NCTE for the post in question, Petitioners challenging the same approached this Court in the present writ petition. It is also contended that this Court while issuing notice of the matter, allowed the Petitioners to make an offline application with a further direction on the Opp. Party No. 1 to accept the same and permit the Petitioners to take part in the selection process, but with the condition that the result shall not be declared without leave of the Court. 4.2. It is contended that in terms of the interim order passed by this Court on 08.09.2021 Petitioners not only made offline applications but also allowed to take part in the selection process in terms of Annexure-3. It is however contended that because of the nature of interim order passed, result of the Petitioners have not yet been published. 4.3. Learned counsel for the Petitioners accordingly contended that appropriate direction be issued to the Opp. Party No. 1 to publish the result by accepting the candidature of the Petitioners to have Page 3 of 5. been validly made in terms of the resolution under Annexure-3 and the guideline issued by the NCTE. 5. Learned Addl. Govt. Advocate on the other hand made his submission basing on the stand taken in the counter affidavit so filed by Opp. Party No. 2. It is contended that the qualification prescribed in the impugned resolution is in terms of the Govt. resolution dtd.13.07.2021 for recruitment of contractual Hindi, Sanskrit, Urdu and Physical Education Teacher in Govt. Secondary School. It is also further contended that reliance made by the Petitioners to the recruitment conducted in the year 2014 has got no application as, in terms of impugned resolution dtd.13.07.2021, Petitioners do not have the required qualification. 5.1. Even though in terms of the interim order passed by this Court, Petitioners’ applications were entertained and they were allowed to take part in the selection process, but since Petitioners do not have the required qualification in terms of the advertisement prescribed, they are not eligible and entitled to get the benefit as prayed for. In support of his submission learned Addl. Govt. Advocate relied on a recent decision of the Hon’ble Apex Court in the case of Shifana P.S. vs. State of Kerala & Ors. (Civil Appeal No. 4468 of 2013) decided on 6th August, 2024. Hon’ble Apex Court in Para 14 of the said Judgment has held as follows:- in “14. This Court the case of Zahoor Ahmad Rather v. Sheikh Imtiyaz Ahmad(2019) 2 SCC 404 held that judicial review can neither expand the ambit of the prescribed qualifications nor decide the equivalence of the given prescribed qualification. Therefore, the equivalence of a qualification is not a matter that can be determined in the exercise of the power of judicial review. Whether a particular qualification qualifications with other any Page 4 of 5. should or should not be regarded as equivalent is a matter for the State, as the recruiting authority, to determine.” 6. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court finds that even though the present writ petition was filed challenging the qualification prescribed as against the post of Hindi teacher and a contention is raised that such qualification is not in accordance with the NCTE guideline, but no such guideline so issued by NCTE is available in the case record nor produced by the Petitioners at the time of filing of the writ petition or by filing a rejoinder affidavit to the counter so filed by Opp. Party No. 2. In absence of any such document, this Court is not inclined to accept the submission of the learned counsel appearing for the Petitioner that as per NCTE guideline the qualification prescribed in the impugned resolution is not just and proper. 6.1. Not only that, in view of the decision rendered by the Hon’ble Apex Court so cited supra, this Court is of the view that no judicial review can be made by this Court to expand the ambit of the prescribed qualification. In view of such position, this Court is not inclined to entertain the writ petition with the prayer as made and dismiss the same accordingly. (BIRAJA PRASANNA SATAPATHY) Judge Sneha Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Reason: Authentication Location: High Court of Orissa,Cuttack Date: 20-Aug-2024 17:41:37 Page 5 of 5.