The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No. 3083 of 2023 State of Odisha and others …. Appellants Rajalaxmi Mishra and others Respondents -versus- …. W.A. No. 3081 of 2023 State of Odisha and others …. Appellants Rajalaxmi Mishra and others Respondents -versus- …. Advocates appeared in these cases: For Appellants :
Legal Reasoning
Mr. M.K. Khuntia Additional Government Advocate For Respondent(s) : Mr. Biswa Bihari Mohanty, Advocate Ms. Rajdipa Behura, Advocate CORAM: THE CHIEF JUSTICE MR. JUSTICE MURAHARI SRI RAMAN JUDGMENT 07.03.2024 Chakradhari Sharan Singh, CJ. 1. In the present intra-Court appeals, the appellants-State of Odisha have put to challenge a common order dated 14.09.2023 of a learned W.A. No. 3083 and 3081 of 2023 Page 1 of 11 Single Judge of this Court passed in W.P.(C) No.29393 of 2020 and W.P.(C) No.33004 of 2020. 2. The facts relevant for adjudication of these appeals are that there was an advertisement issued under the signature of the Director, Secondary Education, Odisha, Bhubaneswar for engagement of contract teachers in up-graded Government schools during the year 2010-11. Clause 2 of the said advertisement prescribed eligibility criteria, Sub-clause (d) of which is relevant and is being quoted hereinbelow: “(d) As regards eligibility of candidates for engagement of contractual teachers, he/she must have obtained Bachelor’s degree in Arts, Science along with a degree of Bachelor of Education from a recognized University for being considered as Trained Graduate Teacher. Candidates for PET Posts should have minimum Matriculation with CPED qualification. The person having both Degree and Post Graduate Degree in Professional qualification can also apply for the post of PET, but for the purpose of computing their career marking the minimum academic qualification are to be taken into account along with the marks obtained both either in Diploma, Degree and Post Graduate professional qualification in physical education but not higher academic qualification.” 3. Respondent herein, who is the writ petitioner in both the writ petitions, admittedly, had the qualification of Sikshya Sastri awarded by the Rashtriya Sanskrit Sansthan (Deemed University), Shree Sadasiva Campus, Puri, Odisha. Treating the said notification to be a valid notification for contractual appointment in the light of the said advertisement, the respondent was engaged on contractual basis. Few W.A. No. 3083 and 3081 of 2023 Page 2 of 11 years thereafter when the Department was considering the cases for regularization of services of the teachers engaged on contractual basis including the respondent, a question arose as to whether the respondent did have the B.Ed. qualification or not in terms of sub- clause (d) of clause 2 of the advertisement. In the opinion of the appellants, the respondent did not possess requisite qualification of B.Ed. under sub-clause (d) of clause 2 of the advertisement and accordingly, their services were decided not to be regularized. The concerned department of the State Government was of the view that the engagement of the respondent on contractual basis pursuant to the said advertisement itself was illegal as they did not possess the essential requisite qualification. The services of the respondent was, thus, not regularized which made her approach this Court by filing a writ petition giving rise to W.P.(C) No.20667 of 2019. The said writ
Decision
application was disposed of by an order of this Court dated 04.11.2019 asking the opposite parties therein to consider and dispose of the representation filed by the respondent taking into consideration the recommendation made by the District Education Officer (DEO), Koraput which was under Annexure-8 to the said writ petition. As the said order was not complied with, the respondent-Rajalaxmi Mishra has preferred a contempt petition giving rise to CONTC No.1447 of 2020. It appears that the representation of respondent-Rajalaxmi Mishra was rejected. The respondent thereafter filed two writ petitions giving rise to W.P.(C) Nos.29393 and 33004 of 2020 before this Court taking a plea that she had B.Ed. qualification duly recognized by the National Council for Teacher Education (NCTE) and, therefore, she fulfilled the requisite eligibility condition under sub-clause (d) of W.A. No. 3083 and 3081 of 2023 Page 3 of 11 clause 2 of the advertisement. The learned Single Judge of this Court by the order dated 14.09.2023 allowed the writ applications relying on a previous decision of this Court in the case of Bikash Mahalik v. State of Odisha and others reported in 2022 (I) ILR CUT 108. 4. It is not in dispute that the State of Odisha has not questioned the correctness of the said decision in the case of Bikash Mahalik (supra) and has rather accepted it. 5. Mr. M.K. Khuntia, learned Additional Government Advocate appearing on behalf of the appellants-State has submitted that the learned Single Judge ought not to have allowed the writ application based on the decision in the case of Bikash Mahalik(supra) since the respondent did not have the basic qualification of B.Ed. as required under sub-clause (d) of clause 2 of the advertisement. 6. Ms. Rajdipa Behura, learned counsel for the respondent-Rajalaxmi Mishra has taken us to a notification issued by the National Council for Teacher Education (Eastern Regional Committee) dated 31.08.2009 and contended that the NCTE, in exercise of powers vested under Section 15(3)(a) of the National Council for Teachers’ Education Act, 1993 had granted recognition to the Rashtriya Sanskrit Sansthan (Deemed University), Sri Sadasiva Campus, Puri for conducting B.Ed. course of one year duration with an annual intake of 127 students. She has drawn our attention to the mark-sheet of the B.Ed. qualification of one of the respondents as a student of Rashtriya Sanskrit Sansthan (Deemed University), Sri Sadasiva Campus, Puri. Our attention has also been drawn to a certificate issued by the W.A. No. 3083 and 3081 of 2023 Page 4 of 11 Rashtriya Sanskrit Sansthan (Deemed University) granting her Sikshya Shastri (B.Ed.) qualification. She has accordingly submitted that the State of Odisha had wrongly declared the respondent No.1 ineligible to be appointed as Trained Graduate Teacher (TGT) on contractual basis on the ground that she did not hold B.Ed. qualification. She has also drawn the Court’s attention to a Single Bench decision dated 10.05.2011 rendered in W.P.(C) No.6796 of 2011 (of this Court in case of the Swarnarekha Rout and Others v. State of Odisha and Others) wherein this Court clearly laid down in paragraph 10 that the students who have acquired B.Ed. degree from a University and thereafter have acquired Sikshya Shastri degree, shall be considered for the post of Trained Graduate Teacher, Arts. 7. Learned Additional Government Advocate for the appellants-State has countered the submission advanced on behalf of the respondent at this point with reference to the case of Swarnarekha Rout (supra) and has attempted to distinguish that case with the case in hand on the ground that the said case was a case relating to appointment of Sikshya Sahayak. 8. We have heard Mr. M.K. Khuntia, learned Addl. Govt. Advocate for the appellants-State and Ms. Rajdipa Behura, learned counsel representing the respondent No.1. 9. The sole question which requires determination by this Court in the present writ appeals is as to whether the Siksha Sashtri degree obtained from Rastriya Sanskrit Sansthan (Deemed University) Shri Sadashiva Campus, Puri is a B.Ed. Degree or not. W.A. No. 3083 and 3081 of 2023 Page 5 of 11 10. At the outset, we reject the submission advanced on behalf of the appellants’ that the decision in case of Swarnarekha Rout (supra) has no application for the present case only for the reason that the said case related to appointment as Siksha Sahayak. Paragraph 2 of the said decision is relevant and is being quoted herein below: “2. In the aforesaid writ petitions, a common question has been raised by the petitioners, i.e. ignoring their cases/applications for appointment as Sikhya Sahayaks in the districts of Keonjhar, Dhenkanal and jajpur on the ground that the B.Ed. degree obtained by them known as “Sikhya Sastri Degree” cannot be considered to be B.Ed. degree for the purpose of being considered for appointment as Sikhya Sahayaks.” 11. Apparently, the appointment to the petitioner of that case as Sikshya Sahayak was being denied on the ground that she had B.Ed. Degree obtained from Rastriya Sanskrit Sansthan (Deemed University) Shri Sadashiva Campus, Puri known as Sikshya Sashtri degree. This Court, after having taken note of the public notice issued by the National Council for Teacher Education (NCTE), conclusively held in paragraph 10 as under: “10. In conclusion, therefore, the petitioners in the aforesaid writ petitions, who have acquired B.A. Degree from a University and thereafter have acquired Sikhya Sastri degree, shall be considered for the post of Trained Graduate Arts Teachers in the aforesaid three districts.” 12. It can be easily discerned from the question which the Court had posed to itself in case of Swarnarekha Rout (supra) and the W.A. No. 3083 and 3081 of 2023 Page 6 of 11 answer in paragraph 10 that this Court had reached at a conclusion that Sikshya Sastri degree is the valid degree for the post of Sikshya Sahayak. The Court specifically held that Sikshya Sashtri degree shall be considered for such appointment, for which B.Ed was the requisite qualification. 13. It is also not in dispute that the State Government has accepted the said decision rendered on 10.05.2011 in the case of Swarnarekha Rout (supra) which has never been challenged. 14. The State Government has, however, ventured to raise the dispute again with respect to the qualification of Sikshya Sastri obtained from the Rastriya Sanskrit Sansthan (Deemed University) Shri Sadashiva Campus, Puri as not a B.Ed. qualification for the purpose of appointment as TGT on contractual basis pursuant to the advertisement dated 12.11.2010. So that such disputes are not raised again and again unnecessarily, we consider it apposite to reproduce the concerned public notice issued by the NCTE, which reads as under: Sanskrit “Preamble: The Rastriya Sanshthan Deemed University, Sree Sadashiva Campus, PO-Puri, Dist- (Central Government Puri, Orissa- institution coming under the MHRD, New Delhi) has been granted recognition with an intake of 100 students for B.Ed. course. 752001 The Government of India in Central Educational Institution (Reservation in Admission) Act, 2007, has made separate quota for OBCs. The Central Government has decided to enhance the intake of W.A. No. 3083 and 3081 of 2023 Page 7 of 11 Government institutions for providing reservations under the said Act to the OBCs. Sanskrit Sanshthan Deemed The Rastriya University, Sree Sadashiva Campus, PO-Puri, Dist- Puri, Orissa- 752001 has made application on 11.09.2008 requesting for increase of intake of 27 student in view of the above Act. The NCTE, New Delhi in its letter dated 20.06.2008 has informed to consider on priority the applications received under the above category for increase in intake. The application submitted by the Rastriya The Rastriya Sanskrit Sanshthan Deemed University for increase in the intake of from 100 to 127 was placed before ERC in its 100th meeting held on 26-28 August 2009 the ERC considered the matter and decided to enhance the intake of the institution from 100 to 127 subject to providing infrastructural & instructional facilities as per NCTE Norms and Standards. Hence the order. ORDER WHEREAS in terms of Section 15(1) of the NCTE Act, 1993 Rastriya Sanskrit Sanshthan Deemed University, Sree Sadashiva Campus, PO-Puri, Dist- Puri, Orissa- 752001 has submitted an application to the Eastern Regional Committee of NCTE for grant of recognition for conducting B.Ed. Additional Intake course with an additional intake of 27 students on 09.07.2008. 2. Now, therefore in exercise of the powers vested under Section 15(3)(a) of the NCTE Act, 1993, the Eastern Regional Committee hereby grants recognition to Rastriya Sanskrit Sanshthan Deemed University, Sree Sadashiva Campus, PO-Puri, Dist- W.A. No. 3083 and 3081 of 2023 Page 8 of 11 Puri, Orissa- 752001 for conducting B.Ed. (Additional Intake) course of One year duration with an annual intake of 127 (One hundred and twenty seven) students which includes the existing intake of 100 (One hundred) students and an additional intake of 27 (Twenty seven) students from the academic session 2009-10 under clause 7(11) of NCTE (Recognition Norms & Procedure) Regulations, the following 2007 subject of fulfillment of (Emphasis added) conditions. i. The institution shall comply with the various other norms and standards prescribed in the NCTE regulations as amended from time to time. ii. The institution shall make admission only after it obtains affiliation from the examining body in terms of clause 8(12) of the NCTE (Recognition Norms & Procedure) Regulations, 2007. iii. The institution shall ensure that the required number of academic staff for conducting the course is always in position. the Further, recognition 3. to fulfillment of all such other requirements as may be prescribed by other regulatory bodies like UGC, affiliating University/Body, the State Government etc. as applicable. is subject 4. The institution shall submit to the Regional Committee a Self-Appraisal Report at the end of each academic year along the statement of annual accounts duly audited by a Chartered Accountant. The institution shall maintain & update its 5. web-site as per provisions of NCTE Regulations and always display following as mandatory disclosure:- i. ii. iii. Copy of the Application Form Land and Building Particulars Staff Profile W.A. No. 3083 and 3081 of 2023 Page 9 of 11 iv. Recognition letter v. Information for having fulfilled the norms & standard and other required conditions. If the institution contravenes any of the 6. above conditions or the provisions of the NCTE Act, Rules, Regulations and Orders made or issued there under, the Regional Committee shall withdraw the recognition as under the provisions of Section 17(I) of the NCTE Act.” 15. There is no gainsaying that the NCTE is a statutory body having authority to regulate the training in education and in the matters of grant of recognition of training education certificate/degree. The said public notice was issued in August, 2009. Taking into account the said notification dated 31.08.2009, a Single Bench of this Court clearly held in case of Swarnarekha Rout (supra) that the qualification of Sikshya Sastri is a B.Ed. qualification. The State Government accepted the decision in case of Swarnarekha Rout (supra) and the Court has been told that the said decision has been implemented by the State Government and, in subsequent advertisement, the degree of Sikshya Sastri obtained from the Rashtriya Sanskrit Sansthan (Deemed University) Shri Sadashiva Campus, Puri is being treated as valid B.Ed qualification. Despite that the appellants-State of Odisha have chosen to prefer these intra-court appeals raising the same issue which was set at rest more than a decade ago. 16. After having considered the rival submissions advanced on behalf of the parties and in view of the facts, which are not in dispute and have been noted hereinabove, we conclude as under: W.A. No. 3083 and 3081 of 2023 Page 10 of 11 (i) The qualification of Sikshya Sastri (B.Ed.) awarded by Rashtriya Sanskrit Sansthan (Deemed University) Shri Sadashiva Campus, Puri, (Odisha) is a B.Ed. qualification as declared by the NCTE in its notice dated 31.08.2009, which is said to have been published in the Gazette of India Part-III, Section 4. (ii) The appellants are duty bound to proceed accordingly treating the qualification of the respondents as B.Ed. for the purpose of regularization of their service in accordance with the policy decision of the State Government. 17. The impugned order of the learned Single Judge dated 14.09.2023 passed in W.P.(C) No.29393 of 2020 and W.P.(C) No.33004 of 2020 requires no interference. Accordingly, the appeals are dismissed. There shall be no order as to costs. Chief Justice (Chakradhari Sharan Singh) Judge SK Jena/Secy (M.S. Raman) Signature Not Verified Digitally Signed Signed by: SANJAY KUMAR JENA Designation: SECRETARY Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 14-Mar-2024 13:10:28 W.A. No. 3083 and 3081 of 2023 Page 11 of 11