SK. HIDAYETULLA MAHAMAD Vs. STATE OF ORISSA

JUDGEMENT

(1.) In the present application, the petitioner prays for quashment of the Reject List under Annexure-5 on the ground that the same is contrary to the guidelines of National Council for Teacher Education (NCTE) dtd. 12/11/2014 and whereby, his candidature for the post of Hindi Teacher (Contractual) was rejected.

(2.) The facts of the case lie in a narrow compass. Pursuant to an advertisement published by the Director Secondary Education, Odisha (opposite party no.2) on 23/10/2014 and 13/1/2015 inviting applications for the posts of Teachers in several disciplines as per district-wise vacancies, the petitioner submitted his candidature in respect of Cuttack district enclosing all the required documents. It is stated that 29 posts meant for Hindi Teachers were to be filled up for Cuttack district. As per the draft list of applicants for engagement of Contract Teacher in Government High Schools published by the opposite party no.2 (Annexure-4), the petitioner's name was placed at serial no. 37. He was asked to appear in between 6/2/2016 and 10/2/2016 for verification of his testimonials. Accordingly, the petitioner appeared, whereby his documents pertaining to educational qualification were verified. However, his candidature was rejected subsequently as per Reject List published under Annexure-5 on the ground that he had not secured 50% marks in +3 examination. It is the petitioner's case that he had submitted an objection indicating that since he has 57% marks in M.A. (Hindi) and 37% marks in graduation, his M.A. marks may be considered instead of graduation marks as per NCTE Rules and Regulations. According to the petitioner, as per the guidelines fixed by the NCTE in its notification dtd. 12/11/2014, the minimum qualification of a person is either graduate or post- graduate from a recognized university with at least 50% marks in either graduation or post-graduation. The said resolution is enclosed as Annexure-7. According to the petitioner, the guidelines fixed by the State Government in its resolution dtd. 27/10/2014 (Annexure-8) being contrary to the guidelines fixed by the NCTE, is not sustainable in the eye of law. Since the petitioner has secured more than 50% of marks in the post-graduation level, rejection of his candidature by considering his marks at graduation level is contrary to the guidelines of NCTE.

(3.) A counter affidavit has been filed by the District Education Officer, Cuttack (opposite party no.4) mainly referring to the resolution dtd. 27/10/2014 as per which, the qualification for the post of Hindi Teacher is Bachelor's degree with Hindi as one of the elective subjects with minimum 50 % marks in aggregate. It is stated that the petitioner did not possess the requisite percentage of marks and hence, his candidature was rightly not accepted. Referring to the guidelines issued by the NCTE, it is stated that even as per the same, the minimum qualification is 50% marks in graduate/post-graduate and Bachelor of Education. It is also submitted that the advertisement being for the year 2014-15, the eligible candidates have been selected and have also been engaged and as such, there is no vacancy available at present.