The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WPC (OAC) No.1701 of 2015 Jyotsna Rani Sahoo …. Petitioner Mr. S.K. Samal, Adv. -versus- A. State of Odisha & Others … Opp. Parties State Counsel CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No
Decision
ORDER 16.02.2024 06. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel for the parties. 3. Petitioner has filed the present Writ Petition inter alia with the following prayer. <(i) Admit the original application. (ii) Call for the record. (iii) The respondents be directed to consider the candidatures of the applicants for the post of Hindi Teacher pursuant to the Resolution under Annexure- 1 and they may be declared to be eligible to be considered on merit along with other candidatures to the post of Hindi Teacher and the respondents be to pass any other appropriate order directed accepting the candidatures of the applicant for the above post.= 4. It is the case of the Petitioner that pursuant to the advertisement issued by Opp. Party No.1 vide Resolution dt.27.10.2014 under Annexure-1, petitioner made his application as against the Post of Contractual Hindi Teacher. 4.1. It is contended that in the advertisement, as against the post of Hindi Teacher, the following qualification was prescribed: candidates) SC/ST/OBC/SEBC Hindi Teacher – Bachelor’s degree from a recognized University with Hindi as one of the elective subject with minimum 50% marks in aggregate (45% or with for Rastrabhasa Ratna from Rastrabhasa Prachar Samiti, Wardha or with Sastri from Orissa Rastrabhasa Parisada, Puyri or with Snataka (Acquired by June- 2005, the date up to which the temporary recognition has been granted) from Hindi Sikshaya Samiti, oIrssa, Cuttack or an equivalent degree from a recognized Institution with at least 50% marks in aggregate (45% for SC/ST/PH/OBC/SEBC candidates) and Hindi Sikshyan Parangat from Kendriya Hindi Sansthan, Agra/B.H.Ed.( a course prescribed by NCTE) from a Institution recognized by NCTE and affiliated to a recognized university/B.Ed. (a course prescribed by NCTE) from Dakhin Bharat Hindi Prachar Sabha, Madras, a institution recognized by NCTE and affiliated to a recognized University. in Hind OR Bachelor’s degree with Hindi as on of the Option/Hons subject with minimum 50% of marks in aggregate (45% for SC/ST/PH/OBC/SEBC candidates) and M.A in Hindi with minimum 50% marks in aggregate from a recognized University. (The untrained candidates shall have to undergo required training within the timeline as prescribed by Govt.) 4.2. Learned counsel for the Petitioner contended that even though Petitioner does not have the required qualification of B.H.Ed. in terms of the advertisement, but in view of the notification issued by the Utkal University on 27.03.2017, wherein Utkal University declared qualification of Hindi Pandit Training Course so obtained by the Petitioner as equivalent to B.H.Ed., Petitioner is eligible and entitled to get the benefit of appointment in terms of the Resolution issued under Annexure-1 4.3. It is contended that taking into account the stand taken in the Writ Petition, Petitioner though was also allowed for verification of certificates by the Tribunal vide its order dt.15.05.2015, but her result has not been declared, in view of the nature of interim order passed. Page 2 of 4 5. Considering the claim made by the Petitioner and the interim order passed, this Court when directed learned Addl. Govt. Advocate to obtain instruction as to whether Petitioner has qualified in the recruitment process or not. Learned Addl. Govt. Advocate produced the instruction provided by Opp. Party No.2 vide letter dt.12.02.2024. The instruction be kept on record. 5.1. Basing on the instruction so provided, learned Addl. Govt. Advocate contended that even though Petitioner has secured more mark than the cut-off mark so fixed, but Petitioner since does not have the required B.H.Ed. qualification, a course prescribed by NCTE from a institution recognized by NCTE and affiliated to a recognized University, by the time she made her application in terms of the Resolution dt.27.10.2014, she is not eligible to participate in the selection process. It is accordingly contended that since Petitioner was ineligible to make the application for the post of Hindi Teacher, even if by virtue of interim order, her certificates were verified, but she is not eligible to get the benefit of appointment. 6. To the submission made by the learned Addl. Govt. Advocate, learned counsel appearing for the Petitioner relied on the Notification issued by the Utkal University on 27.03.2017. It is contended that since the qualification of Hindi Pandit Training course so obtained by the Petitioner from Andhra University has been declared as equivalent to Hindi B.H.Ed. by notification dt.27.03.2017 of the University, Petitioner is eligible and entitled to get the benefit of appointment, as she does possess the required qualification and has secured more mark than the cut-off mark so fixed. Page 3 of 4 7. Having heard learned counsel for the parties and after going through the materials available on record, this Court finds that in the advertisement issued under Annexure-1, the qualification for the post of Hindi Teacher was Bachelor Degree from the recognized University and Hindi Sikshya Parangat from Kendriya Hindi Sansthan, Agra/B.H.Ed., (a course prescribed by NCTE) from a Institution recognized by NCTE and affiliated to a recognized University. The qualification so possessed by the Petitioner i.e. Hindi Pandit Training Course from Andhra University was not equivalent to Hinidi B.Ed, by the time Petitioner made the application, pursuant to advertisement issued on 27.10.2014. 7.1. Even if the said qualification was recognized as Hindi B.Ed. by Utkal University vide notification dt. 27.03.2017 under Annexure-10, but since by the time petitioner made the application, the qualification was not declared as equivalent, Petitioner cannot get the benefit of notification issued on 27.03.2017 under Annexure-10. Since as on the date of making application, Petitioner was not having the prescribed qualification of B.H.Ed from an institution recognized by NCTE and affiliated to a recognized University, this Court is not inclined to allow the prayer as made in the Writ Petition. The Writ Petition is accordingly dismissed. (Biraja Prasanna Satapathy) Judge sangita Page 4 of 4