RAGHUNATH NAYAK Vs. STATE

JUDGEMENT

(1.) The Petitioners, who intend to take admission in B. Edcourse for the session 2010-11 as fresh and in-service candidates, have filed the writ application challenging the guideline under Annexure-3 stipulating institution-wise admission.

(2.) According to the Petitioners, in the year 2009-10 the selection for admission to B. Ed course was done taking State as a unit. The Governments of different States like Haryana, Madhya Pradesh, Chhatisgarh and Andhra Pradesh have also adopted the State-wise selection to B. Ed course. Copy of the notification made by Osmania University, Hyderabad for selection to B. Ed course by competitive examination and the news paper publication in the Times of India on 9.5.2010 are filed as Annexures-4 and 5 respectively. According to the Petitioners, if institution-wise selection is allowed to be made it will create serious prejudice to the Petitioners and a large number of candidates. There are 14 B. Ed colleges in the State of Orissa with total intake capacity of 1140 candidates. In view of the guidelines under Annexure-3, a candidate shall have to apply to a number of institutions. In case of in-service candidates, it is required to obtain recommendation from the District Inspector of Schools/Circle Inspector of Schools to apply for admission to B. Ed course. So, they are to obtain several recommendations, which is harassment to the candidates both mentally and financially. If the senior-most in-service candidate does not apply for the course in all 14 institutions, he may not get a seat, whereas a candidate having less period of service may get it in a particular institution. Some of the colleges have only 50 intake capacity. In some reserved category 1% seats have been kept reserved. In those colleges where there are only 50 seats the reserved of seat would be 1/2 for those candidates and if it is rounded up to one, then it would affect the number of seats allotted to other reserved categories. In the rejoinder affidavit filed on behalf of the Petitioners, it has been stated that merely because there is some resentment among some prospective candidates who are not able to get admission in B. Ed course in their nearby Govt. Institutions and that there is apprehension of Law and Order problem, Government cannot adopt institution based selection. If such selection is allowed to continue, then no student can be admitted beyond his local area, particularly in such courses, where the demand to take admission is very high. The State Government admits that number of trained teachers in the State is much less than the required strength and it is necessary to provide training to the intending candidates. It is also a fact that where trained teachers are not available, untrained teachers are being appointed subject to the condition that they shall acquire training within a stipulated period and are paid untrained scale till they acquire such qualification. In the last year it was the aim and object of the State to provide training to the untrained teachers, who were appointed against TGT yardstick. So, the Opposite Parties can not make a departure from the said principle in the guise of new policy. It is the further case of the Petitioners that regular B. Ed course cannot be equated with B. Ed course through Distance Education Programme. A regular course is only of ten months duration, whereas training through Distance Mode of Education is two years duration. Admission fees in regular course is much less than the course in Distance Mode of Education.

(3.) Furthermore, it is the case of the Petitioners that even if the guideline under Annexure-3 is allowed to be adopted, the State Government cannot achieve its goal in selecting the local candidates, since it is open for all eligible candidates throughout the State to apply to any of the institutions and even to all the institutions. The candidates who are not sure to get seats in their respective nearby colleges may apply to other districts where the demand and competition is less. So, no fruitful result will be achieved by adopting institution-wise selection. Under such circumstances, the Petitioners pray to allow the writ application.