BISWAMBHAR BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) ALL these writs have been clubbed together and are disposed of by this common order as the question of law involved in all these petitions is the same and the orders dated 27.02.2008 and 7.11.2009 pertaining to the show cause notice and termination of service of all the petitioners under challenge are similar in nature.

(2.) PETITIONERS were engaged as Swechha Sevi Sikshya Sahayak (S.S.S) in the Primary Schools, district Nayagarh in different years ranging from December 2004 to June, 2007. As per the Government Policy, the educational qualification for selection of Sikhaya Sahayaks (S.Ss) is High School Certificate (H.S.C)/+2 with Teachers Certificate (C.T) or Graduation with B.Ed. All the petitioners having minimum educational qualification and having a Diploma in Special Education from the National Institutes under the Ministry of Social Justice and Empowerment, Government of India, New Delhi, duly approved by the Rehabilitation Council of India (RCI), were selected by the competent authority and engaged as S.Ss. Some of the petitioners have subsequently been engaged as Junior Teachers (J.T). The Government had taken a decision on 27.02.2008 (Annexure -11) not to accept any equivalent certificate of C.T for engagement as S.Ss. Thereafter, petitioners have been served with the show cause notice dated 7.11.2009 intimating their termination from service on the grounds that Diploma in Special Education obtained by respective petitioners could not be considered as equivalent to C.T training. Aggrieved by the notice of termination dated 7.11.2009, petitioners have filed the present petitions.

(3.) MR . Sameer Kumar Das, learned counsel appearing for the petitioners has submitted that the State Government, C.D. and R.R. Department in its resolution dated 28.12.1987 had declared and accepted the Junior Educator Course organized by or in collaboration with any National Institute established or recognized by the Government of India as equivalent to C.T qualification recognized by the Education Department. He has further argued that the Women and Child Development Department vide its letter No. 8410 dated 21.3.2005 also accepted the equivalency of the certificate of Diploma in Special Education for visually handicapped, hearing handicapped and mentally handicapped to that of C.T Course of Board of Secondary Education, Orissa (B.S.E.) for engagement in special schools as well as in the normal schools.