SUBRAT DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) Since the facts involved in these writ petitions are similar, they were heard together and are being disposed of by this common judgment. The petitioners in these writ petitions assail the Notification issued by the Board of Secondary Education, Odisha, Cuttack, opposite party No. 6, on 16.6.2012 to conduct the Teacher Eligibility Test (in short, "TET") as per the syllabus of the Orissa Teacher Eligibility Test.

(2.) Opposite party No. 15 in order to engage Sikshya Sahayak/Sahayika (hereinafter referred to as "Sikshya Sahayaks") issued an advertisement in respect of different districts in the month of December, 2011, vide Annexure-1 series. Pursuant to the said advertisement, the petitioners along with many candidates offered their candidatures for engagement as Sikshya Sahayaks. The relevant eligibility criteria mentioned in the said advertisement are as follows:--

(3.) While the matter stood thus, the Government of Odisha in the Department of School and Mass Education Department issued a Notification on 29.3.2011 wherein a request was made to all the Collectors of the Districts not to proceed further in the matter of engagement of Sikshya Sahayaks on the ground that TET is mandatory before the recruitment of teachers as stipulated by National Council for Teacher Education (hereinafter referred to as "NCTE") under the provisions of Right of Children to Free and Compulsory Education Act, 2009 (in short, "the Act, 2009"). Since the advertisement for engagement of Sikshya Sahayaks was made in the year 2011, i.e., much prior to the Notification dated 29.3.2012, the said notification has no retrospective effect. The TET is necessary for recruitment of teachers as per the Act, 2009, but nowhere the said Act provides TET before engagement of Sikshya Sahayaks. Accordingly, it is submitted by the learned counsel for the petitioners that the advertisement was published for engagement of Sikshya Sahayaks and the same was not for the purpose of recruitment of teachers. Under the Scheme, a Sikshya Sahayak after completion of five years of service can be recognized as a teacher and since the selection process has already started and merit list has been prepared, the authorities should not have changed the selection criteria by issuing a further advertisement to appear another test. As such, the TET scheduled to be held on 5th August, 2012 conducted by the Board of Secondary Education, Odisha. Cuttack at the headquarters of all Blocks/NACs/Municipalities/Corporation is liable to be quashed being arbitrary, discriminatory and unreasonable. He further submitted that in view of the Act and Notification issued by the Government, a person after engagement as Sikshya Sahayaks can also appear the TET.