The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) Nos. 27223, 29927, 29930 & 29932 of 2020 W.P.(C) No.27223 of 2020 Priyanka Priyadarshini & Others …. Petitioners Mr. J. Biswal, Adv. -versus- State of Odisha & Others …. Opposite Parties Mr. M.K. Balabantaray, AGA COROM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No 12. 1. This matter is taken up through Hybrid Mode.
Decision
ORDER 13.04.2023 2. Heard Mr.J. Biswal, learned counsel appearing for the Petitioners and Mr.M.K. Balabantaray, learned Addl. Government Advocate for the State. 3. Pursuant to the order passed by this Court on 03.03.2023, instruction provided by the Collector, Malkanagiri-Opposite Party No.3 vide letter dated 12.04.2023 was produced before this Court and the same be kept on record. 4. Learned counsel for the Petitioners contended that pursuant to the advertisement issued for selection and appointment of contractual teachers on 30.11.2018, the Petitioners made their applications for the said post. But instead of having the required OSSTET certificate, when their names were not included in the merit list, they approached this Court in W.P.(C) No.5939 of 2020 and batch. This Court vide order dated 03.03.2020 disposed of // 2 // the said batch of the writ petitions with a direction on the Opposite Party No.3 to consider the candidature of the Petitioners for the post of contractual teachers in pursuance of the advertisement dated 30.11.2018, keeping in view the OSSTET certificate and the residential certificate so produced coupled with the fact that the names of the Petitioners find place in the merit list. Prior to consideration and compliance of the order dated 03.03.2020 when the provisional merit list was published by the Collector-Opposite Party No.3 on 05.10.2020 under Annexure-9, the present writ petition was filed challenging such publication of the provisional select list. 4.1. Learned counsel for the Petitioners contended that this Court while issuing notice of the matter vide order dated 15.10.2020 passed an interim order restraining the Opposite Parties from filing of two posts of contractual teacher in the category of Chemistry, Biology and Zoology and one post in BA.BEd., pursuant to the advertisement dated 30.11.2018. 4.2. It is contended that subsequent to filing of the present writ petition with passing of the interim order on dated 15.10.2020, when the order dated 22.09.2020 so passed by the Opposite Party No.3 in compliance to the order dated 03.03.2020, was communicated to the Petitioners herein, the present petitioners challenging such order filed individual writ petitions in W.P.(C) Nos.29927, 29930 & 29932 of 2020. 4.3. It is contended that though the Petitioners were found eligible and their names were included in the list, but when the Petitioners were not considered for their selection Page 2 of 6 // 3 // by taking into account the OSSTET certificate and residential certificate so produced before the Opposite Party No.3, they approached this Court in W.P.(C) No.5939 of 2020 and batch. This Court as stated hereinabove vide order dated 03.03.2020 directed the Opposite Party No.3 to consider the case of the Petitioners taking into account the OSSTET certificate so submitted by the Petitioners. But without considering the same when the provisional select list was published, the matter was challenged in the present writ petition. 4.4. It is contended that in view of the order passed by this Court on 03.03.2020 and the interim order passed by this Court on 15.10.2020, the Petitioners are eligible and entitled for consideration of their claim for appointment as against the post of TGT (CBZ) and TGT (Arts). It is also contended that not only three posts in terms of the interim order passed by this Court have been kept vacant, but also a number of vacancies are there to be filled up as on date. The claim of the Petitioners can very well be considered as against those posts. 4.5. It is contended that pursuant to the interim order passed by this Court on 15.10.2020 and as reflected in the instruction provided by the Collector on 12.04.2023, not only three posts have been kept reserved in terms of the interim order passed, but also there are available vacancies due to non-joining of the candidates as against the posts meant for B.A.B.Ed. PCM and etc. It is accordingly contended that Opposite Party No.3 be directed to consider the case of the Petitioners taking into account the vacancies available at present. Page 3 of 6 // 4 // 5. Mr. M.K. Balabantaray, learned Addl. Government Advocate on the other hand contended that since as on the date of making the application pursuant to the advertisement issued on 30.11.2017, the Petitioners do not have the required OSSTET certificate and the residential certificate, even though their names were reflected in the merit list, but they were not selected due to non- production of those certificates along with their applications and such certificates admittedly were not produced by the last date of application i.e. on 27.12.2018. Accordingly, it is contended that pursuant to the order passed by this Court on 03.03.2020 in the earlier batch of writ petitions, the Opposite Party No.3 passed a reasoned order on 22.09.2020, which is the subject matter of challenge in the connected three writ petitions. It is accordingly contended that the Petitioners on the face of the order passed on 22.09.2020, are not entitled to get any relief. 06. To the aforesaid submission of Mr.Balabantaray, Mr. Biswal contended that in the advertisement issued on 30.11.2018 the following provisions were contained with regard to production of OSSTET certificate. “N.B.-1. For the post of TGT Sc/TGT Arts Sanskrit Teacher/Hindi Teacher/PET the candidates of Malkangiri district who have qualified OSSTET will be given first preference during the selection process. 2. If OSSTET qualified candidates of Malkangiri District are not available OSSTET qualified candidates from other District will be given second preference. Even after that if required number of OSSTET candidates are not available third preference will be given to non OSSTET candidates of Malkangiri District. If required no. of non OSSTET candidates are not available in Malkangiri district non OSSTET candidates from other district will be considered in the event of non OSSTET candidates getting selected as teacher they have to pass OSSTET conducted by BSE Odisha with in the prescribed time line. Page 4 of 6 // 5 // Such non OSSTET qualified candidates who would be selected as Teachers have to submit an affidavit to the effect that they will qualify the OSSTET within three years. 3. If OSSTET qualified and no qualified candidates of Malkangiri district are not available then application of other district will be considered”. 6.1. It is contended that if the Petitioners have not produced the OSSTET certificates and the residential certificate along with their application, then their cases can be considered as non-OSSTET candidates. Taking into account the interim order passed by this Court and the vacancies available at present in the district of Malkanagiri, their cases can be considered as non-OSSTET candidates. 7. Having heard learned counsel for the Parties and in spite of the fact that the Petitioners’ name are there the merit list and were not selected due to non-production of the OSSTET certificates, this Court finds no illegality or irregularity with the order dated 22.09.2020, which is the subject matter of challenge in the connected three writ petitions. This Court is not inclined to interfere with the order dated 22.09.2020, which is the subject matter of challenge in W.P.(C) Nos.29927, 29930 and 29932 of 2020 and dispose of those Writ Petitions accordingly. 7.1. However, taking into account the submissions made by Mr. Biswal that the cases of the present Petitioners be considered as non-OSSTET candidates, this Court taking into account the provision contained in the advertisement and vacancies available at present as well as the interim order passed by this Court on 15.10.2020, directs the Opposite Party No.3 to consider the candidature of the Petitioners as non-OSSTET candidates. On such consideration, if it is found that the Petitioners are Page 5 of 6 // 6 // otherwise eligible for their selection as against the posts TGT (CBZ) and TGT (Arts), necessary action be taken by the Opposite Party No.3 to provide appointment to the Petitioners. Such an exercise shall be undertaken and completed by the Opposite Party No.3 within a period of one month from the date of receipt of this order. 7.2. Accordingly, all these Writ Petitions stand disposed of. 8. Photocopy of the order be placed in the connected cases. Judge (Biraja Prasanna Satapathy) Subrat Page 6 of 6