ANIL KUMAR DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioners in this Writ Petition seek quashing of the advertisement dated 14.7.2009 under Annexure -15 to the Writ Petition in which no seats in the B.Ed. course for the session 2009 -2010 have been reserved for in service candidates. The Petitioners are teachers holding trained graduate posts, who have not acquired B.Ed. training qualification.

(2.) MR . Swain, Learned Counsel for the Petitioners submits that the reservation of seats for in -service candidates in B.Ed. course for the past sessions 2006 -2007, 2007 -2008 and 2008 -2009 were being made. He further submits that teachers who have been appointed by the management of various institutions, in the post of trained graduate teachers, have remained untrained and the law requires that unless they acquire B.Ed. qualification, their appointments cannot be approved nor they will be brought into the grant -in -aid fold. He, therefore, submits that since previously seats were reserved for in -service candidates for B.Ed. course, the Petitioners were legitimately expecting that in this year, also there would be reservation for such in -service candidates in B.Ed. course so that they can have the opportunity of acquiring B.Ed, qualification and their appointments can be approved and they can be considered as regular appointees in the school. Various grounds have been taken in the Writ Petition in support of such contention.

(3.) CONSIDERING the nature of dispute involved in this Writ Petition, this Court called for the policy decision of the Government pursuant to which such reservation of seats for in -service candidates in B.Ed. course for the Session 2009 -2010 have been given a go -bye and the impugned advertisement has been published. JL