MALINI KISHORE DASH Vs. STATE OF ORISSA

JUDGEMENT

(1.) The validity of fixing minimum educational qualification with 40% of marks in total in High School Certificate or any other equivalent examination for admission to certified teachers. (C.T.) Course imparted in the Government Secondary Training Schools of the State during the year 1995-96 is the subject matter of challenge in these two petitions filed under Article 226 of the Constitution by the N. F. B. Facilitators. Both the petitions being analogous, they were heard together and are disposed of by this judgment.

(2.) The petitioners' common case is that Government in the Department of School and Mass Education letter No. 30170/SmE dated 26-9-1994 (Annexure-3 in O. J. C. No. 3790 of 1995) instructed the Director, T. E. and S.C.E.R.T., Orissa to extend training facility of the certified teachers (C. T.) Course in the Government Secondary Training Schools to N. F. B. facilitators/Supervisors on the basis of length of their engagement but the Director contrary to the aforesaid instruction imposed the minimum qualification for admission to C. T. course as pass in H. S. C. or any other equivalent examination with 40% of marks in total. The petitioners' contentions are two fold :(i) Fixing of 40% marks in total in H. S. C. or any other equivalent examination for admission to C. T. Course is arbitrary; and (ii) The Government in letter No. 30170/ SME dated 26-9-1994 having not fixed any restriction, the Director is not competent to fix any cut-off mark for admission.

(3.) The contesting apposite parties in their counter affidavit have stated that consequent upon the National Policy on Education, 1986 and with a view to maintaining the standard of teachers, the Government in the interest of the nation, has fixed 40% of marks as minimum educational qualification for entry into C. T. Training Course. The learned Additional Government Advocate appearing for the opposite parties submits that the contentions urged on behalf of the petitioners has already been answered against them in Biawaranjan Das v. State of Orissa, 1996 (II) OLR 534.