Sudhakar Rout v. State of Orissa

OJC No. 8763 of 2000

1. 09.11.2018

Due to cease work call given by Orissa High Court Bar Association, none appears for the parties. Perused the record.

The petitioner has filed this application seeking direction to opposite party to modify the prospectus by giving benefit to fresh arts graduates and to reserve seat for arts graduate having education as subject in graduation for undergoing B.Ed. training.

The petitioner has pleaded in the writ application that he is an arts graduate with education as a subject during graduation and has completed his graduation under Utkal University, Orissa during 1999 and he wants to apply for B. Ed. Course in IASES, CIE and training colleges of Orissa for the session 2000-01. But the prospectus issued by the authority, it was found that no special provision is there for the candidates having education is a subject during their graduation. Therefore, he seeks for direction to the opposite parties to modify the prospectus by giving benefit to fresh arts graduates and to reserve seat for arts graduate having education as subject in graduation for undergoing B.Ed. training.

Pursuant to notice issued on 24.11.2000, opposite parties have entered appearance and filed counter affidavit wherein it is stated that on the basis of the requirement of the teachers at secondary level,

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government of Orissa in the Department of School and Mass Education approved the guidelines for admission to B.Ed. courses in different secondary teachers training institutions-Vrs-IASEs, CTEs and Training Colleges. During the session 2000-01, the prospectus and advertisement were done by the Directorate of Teacher Education and SCERT as per the approved guidelines of the Government. It is further contended that not only the petitioner but also all the arts graduate were not eligible to apply for B. Ed. Training during the session 2000-01 as per the advertisement and decision of the Government. The Director, TE and SCERT, Orissa, Bhubaneswar has been assigned the responsibility for selecting the candidates for undergoing B.Ed. training. When the application forms of the untrained inservice teachers are duly forwarded by the head of the institution and countersigned by the Inspector of Schools and when the applicant’s name finds place in annual recognition form of the Board of Secondary Education, then there is no scope for TE and SCERT to raise question about their validity of appointment. Some weightage was given to the candidates who had education as one of the subject during graduation level for the session 1998-99, 19992000. As in the guideline and prospectus, the provision of fresh arts graduate for undergoing B.Ed. training has not been approved, the provision for additional one mark to the students of education was not existing in