AVIMANYU NAYAK Vs. STATE OF ODISHA & OTHERS

JUDGEMENT

(1.) These intra-Court appeals have been filed assailing the common order dated 16.07.2016 (Annexure-1) passed by learned Single Judge in W.P.(C) No.9003 of 2015 and similar other writ applications heard and disposed of analogously. For the sake of convenience of discussion and adjudication, we take up Writ Appeal No.372 of 2016 arising out of W.P.(C) No. 9003 of 2015 as the lead case and dispose of these appeals by a common judgment.

(2.) The appellant in the aforesaid writ appeal is an Assistant Teacher in Sankata Tarini High School, Melan in the district of Keonjhar. The appellant is an untrained graduate and has been appointed against a trained graduate post. Teachers similarly placed as that of the appellant undertake B.Ed. course as in-service candidates for their substantive appointment and approval of their services as a Trained Graduate Teacher. Each year, the Directorate of Teacher Education and S.C.E.R.T., Odisha, Bhubaneswar publishes advertisement inviting applications from the candidates (both direct and in-service) seeking admission to different teachers training courses including B.Ed. Likewise, an advertisement was published by the Director of T.E. & S.C.E.R.T., Odisha, Bhubaneswar-opposite party No.3 in local daily newspaper "Sambad" on 23.04.2015 inviting applications for admissions into B.Ed. course for the academic Session 2015-2017. Clause-3 of the Information Brochure to the said advertisement deals with eligibility criteria for the candidates seeking admission to the B.Ed. course. Clause-3.12 deals with eligibility criteria for in-service candidates. The petitioner had filed the writ petition assailing the said Clause-3.12 of the Information Brochure, which reads as follows:-

(3.) It is contended in the writ petition that in previous years, no such condition (either for direct or for in-service candidates) was imposed for taking admission into the B.Ed. course. Further, the condition of minimum percentage of marks for admission into the B. Ed. course for the in-service candidates is illegal as there is no such stipulation in the statutory rules for appointment to the post of Trained Graduate Teachers. Hence, it was prayed to quash the Clause-3.12 of the Information Brochure for the Session 2015-2017 issued by the TE & SCERT, Odisha, Bhubaneswar and for a declaration not to make it applicable to the in-service candidates.