AJIT KUMAR PANDEY Vs. STATE OF ORISSA

JUDGEMENT

(1.) In all the above Writ Petitions, the Petitioners have challenged the resolution dated 19.11.2009 of the Government of Orissa in its School and Mass Education Department and the consequential advertisement dated 5.1.2010. For convenience, the aforesaid resolution and the advertisement, which have been annexed as Annexures 4 and 5 to W.P. (C) No. 1762 of 2010, are referred to.

(2.) From the advertisement, it appears that the concerned Zilla Parishad of the respective education districts invited applications for engagement of Sikhya Sahayaks in Primary and Upper Primary schools in the respective education districts stipulating that the candidates may apply in any of the education districts for one such education district and cannot apply for being appointed in more than one education district. The number of Trained Graduate Science posts, Trained Graduate Arts/Commerce posts/+2 Science C.T. Course and H.S.C./+2 C.T. course were indicated in the schedule of the advertisement for different education districts. The said advertisement was consequential to the resolution dated 19.11.2009. The relevant portion of the resolution dated 19.1 1-.2.009, the validity of which has been questioned by the Petitioners, i.e., Clauses -4.1 and 4.2, is extracted below:

(3.) Mr. Routray, Learned senior Counsel appearing for the Petitioners in W.P. (C) No. 1762 of 2010 urged that Orissa Education (Establishment, Recognition and Management of Private Upper Primary School) Rules, 1991 provides the yardstick for Upper Primary schools as one Trained Graduate Headmaster, one IA./I.Sc. with C.T. training. Apart from this, the Orissa Subordinate Education (Method of Recruitment and Condition of Services) Rules, 1993 which came into force on 17.12.1993 provides the condition of eligibility of teachers in Upper Primary Schools as well as in the Government High Schools. In Rule 8(1) (d), the eligibility criteria for direct recruitment is provided that the candidates must have: obtained bachelor degree in Arts, Science & Commerce with a degree of bachelor of education from a recognized University. Mr. Routray further submitted that apart from the above statutory rules, when Trained Graduate teachers in Arts, i.e.., B.A. B.Ed. and Matric C.T. candidates are available, there is no reason to engage untrained teachers with science background against vacant post for Trained Graduates. The Orissa Elementary (Method of Recruitment and Conditions of Service of Teachers and Officers) Rules, 1997, which has been referred to in paragraph-4.1 of the resolution under Annexure-4 itself prescribes the ratio between C.T. and B.Ed. teachers to be 60:40 and, therefore, the posts mentioned to be filled up by Trained Graduate and C.T. candidates, on the face of it, are contrary to the said rules.