RATIKANTA DUTTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) 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.

(2.) 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, it is necessary to reproduce clauses 4.2 and 6.1 of the aforesaid resolution dated 10.1.2011, which runs as under:

(3.) 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 upgradation 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 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.