W.P.(C) No. 1860 of 2011 (With Batch). Case: Ratikanta Dutta & Ors. Vs State of Orissa. High Court of Orissa (India)
| Case Number | W.P.(C) No. 1860 of 2011 (With Batch) |
| Judges | H.S. Bhalla, J. |
| Issue | Constitution of India - Articles 14, 16, 21A and 254; Right to Education Act; Right of Children to Free and Compulsory Education Act, 2009 - Sections 2, 23, 23(1), 23(2), 29(1) and 38; Orissa Right of Children to Free and Compulsory Education Rules, 2010 - Rules 15, 16(2) and 16(4); Central Act; Orissa Elementary Education (Method of ... |
| Judgement Date | March 29, 2011 |
| Court | High Court of Orissa (India) |
Judgment:
H.S. Bhalla, J.
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The petitioners in these batch of writ petitions are seeking modification of the Government resolution dated 10.1.2011 by virtue of which the minimum qualification has been fixed as +2 C.T. excluding Matric C.T. The petitioners have also prayed for a direction to opposite party no. 1 to fill up the posts of Sikhya Sahayak on the ratio of 60:40 between the Matric C.T. and B.Ed. candidates. Thus, the question of law and facts involved in these petitions being same and arise from the same cause of action, they are heard together and are disposed of by this common order.
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A thick better took place on the better field of the Government resolution and in order to appreciate the point involved in these writ petitions,
Indian Law Reports, Cuttack Series [2011]
it is necessary to reproduce clauses 4.2 and 6.1 of the aforesaid resolution dated 10.1.2011, which runs as under:
4.2. Vacant posts as well as newly created posts in the elementary schools on account of opening of new Primary/upper Primary Classes or due to Up-gradation of existing Primary Schools to Upper Primary Schools or opening of Class-VIII by way of up-gradation of existing Upper Primary Schools shall be filled up by the candidates having the qualification of +2 Science, Arts/Commerce (or its equivalent examination declared by appropriate authority) and C. T. Training or +2 Science, Arts/Commerce (or its equivalent examination declared by appropriate authority) and 2 year Diploma in Education (Special Education) a course recognized by Rehabilitation Council of India (RCI) and B.A., B.Sc. (or as equivalent Examination declared by appropriate authority) and B.Ed, or B.A., B.Sc. (or its equivalent examination declared by appropriate authority) and one year B.Ed (Special Education) a course recognized by Rehabilitation Council of India (RCI) as per the requirement under each category.
As per Section 23(2) of the said Act, read with rule 16(2) and (4) of the said Rules the State Government shall request the Central Government for relaxation of the prescribed minimum qualification as laid down by the academic authority for appointment of teachers. The candidates with lesser qualification will be considered for appointment only on the basis of qualification so relaxed by the central Government.
Untrained candidates selected as per the relaxed standard shall furnish an affidavit at the time of engagement to the effect that they shall acquire the required training qualification within a period of 5 years at their own cost.
6.1. The candidates must have passed +2 Science, Arts/Commerce (or its equivalent examination declared by appropriate authority) and C.T. Training from a recognized Board/University or +2 Science, Arts/Commerce (or its equivalent examination declared by appropriate authority) and 2 year Diploma in Education (Special Education) a course recognized by Rehabilitation Council of India (RCI) or B.A., B.Sc. (or its equivalent examination declared by appropriate authority) and B.Ed. from a recognized University or B.A., B.Sc. and one year B.Ed. (Special
RATIKANTA DUTTA -V- STATE OF ORISSA [H.S.BHALLA.J.]
Education) a course recognized by Rehabilitation Council of India (RCI). The +2 candidates must have odia as a subject up to class-VII and B.Ed. candidates must have Odia as a subject up to class-X.
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Most of the petitioners being Matric with C.T qualification are seeking engagement in the post of Sikshya Sahayak. As per their case the qualification of a teacher in the Primary Schools was Matric with C.T training and the Government of Orissa, School and Mass Education had published the resolution dated 10.01.2011 for engagement of Sikshya Sahayaks in different districts in the State of Odissa. As per the said resolution, the policy of engagement of Sikshya Sahayak is to provide free and compulsory education to all children of the age group of six to fourteen years. In order to provide free and compulsory education to every child, opp. party no.1 is proposing to fill up all the vacant posts as well as newly created posts in the elementary schools on account of opening of new primary/upper primary classes or due to up-gradation of existing primary schools to upper primary schools or opening of class-VIII by way of up-gradation of existing upper primary schools. The petitioners have further pleaded that the Orissa Elementary Education (Method of Recruitment and conditions of Teachers and Officers) Rules, 1997, hereinafter to be referred as "Rules, 1997" is the only Rule for the elementary teachers which deals with method of recruitment, qualification, and promotion of teachers of elementary schools, i.e., Primary schools and Upper primary schools. It is further pointed out that the existing statutory Rule, i.e. Rules, 1997 clearly stipulates that the Orissa Elementary Education Service, Level-V shall consist of the post of Asst. Teachers of Govt. Primary Schools and also Assistant Teachers of Govt. Upper Primary Schools. It further stipulates that in order to be eligible for direct recruitment to the post belonging to Level-V of the service, a candidate must have passed High School certificate Examination or an equivalent Examination and must have completed Secondary Teachers Training/Certified Teachers course from a recognized Board or University. Therefore, the case of the petitioners is that the minimum eligibility for an Asst. Teacher of Primary and Upper Primary schools is H.S.C. pass with C.T. Training, i.e. Matric with C.T. training. As per the said resolution, Sikshya Sahayaks will be recruited to work in Primary, Upper Primary and Upgraded Upper Primary Schools i.e. up to Class-VIII, but the minimum eligibility entry qualification has been prescribed in the said resolution as +2 Sc./Arts/Commerce with C.T. Training or +2 Science/Arts/Commerce without training and excludes the trained Matric qualified candidates from the eligibility criteria. So the petitioners have filed the present writ petitions challenging exclusion of Matric C.T. qualified candidates as well as exclusion of those persons who have become over age due to non-recruitment for a
Indian Law Reports, Cuttack Series [2011]
number of years, from the eligibility criteria as per the Rules, 1997, which is the only available statutory Rule in the State of Orissa for recruitment and promotion of elementary teachers. Finally it has been prayed by the present petitioners that direction be issued for modification of the resolution as stated above with other ancillary prayer.
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On the other hand, the writ petitions were contested by the opposite parties and opposite party no.1 has filed a counter affidavit in W.P.(C). No. 1860 of 2011, which was also adopted by the opposite parties for the purpose of other writ petitions and a statement was suffered by the learned counsel for the opposite parties that the counter be read in all other writ petitions. Most of the assertions raised by the petitioners have been denied by the opposite parties. However, it is categorically pleaded that the petitioners...
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