Prakash Kumar Dhupal Vs State of Odisha

disposing of the writ petition at the stage of fresh admission. After detailed order was typed and perused it was felt that certain clarifications are necessary. The matter was directed to be listed marked as ‘To Be Mentioned’.

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Today the matter is listed and taken up. After hearing the learned counsel for petitioners as well as learned AGA, the writ petition is disposed of by order that follows.

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2. It is submitted by the learned counsel for the petitioners that the petitioners are all working at present as Level-V Assistant Teachers (Ex-cadre) in the district of Nuapada, engaged in different schools of the district in the establishment of O.Ps.No.4 and 5. It is submitted that the petitioners are eligible and entitled to be regularized as regular primary school teachers, the opposite parties are not considering their case for such regularization. The petitioners allege inaction on part of the authorities.

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3. Referring to paragraphs 5 and 6 of the writ petition the learned counsel submits that as has been averred the petitioners are qualified and trained as they have acquired intermediate degree as well as the C.T. (Certificate of Teacher) training.

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Learned counsel refers to Annexure-2 that is resolution dated 16.02.2008 issued by the Government of Odisha, School and Mass Education Department which provides for manner of rehabilitation of education volunteers in E.G.S. centres who have been disengaged or facing disengagement under

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Education Guaranteed Scheme. Learned counsel for the petitioners relies on the paragraphs 2 & 3 of the resolution

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which are reproduced herein :

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“2. Such disengaged Education Volunteers who are trained (Matric, 10^th (H.S.C.)/+2 with C.T., B.A./B.Sc./B.Com. with B.Ed.) will be engaged as Gana Sikshyaka with a consolidated remuneration of Rs.2000/- per month. Those who are untrained (Minimum qualification of Matric, 10^th (H.S.C.E.)+2) will be engaged with a consolidated remuneration of Rs.1750/- per month.

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3. Such disengaged Education Volunteers who are having 10^th qualification (H.S.C. Examination) will have to acquire +2 qualification within a period of 3 years from their engagement as “Gana Siskhyaka” to be considered eligible for C.T. Training. Those who are having +2 minimum qualification will be allowed to complete C.T. Training on a distance mode either through IGNOU or from the Directorate of TE & SCERT within a period of 3 years. And after completion of C.T. Training the “Gana Sikshyak’’ will be eligible to get consolidated remuneration of Rs.2000/- from the date of passing C.T. Training.”

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4. Further, the resolution dated 10^th January, 2008 issued by the Government of Orissa, Department of School & Mass Education Department (Annexure-5) is relied on by the learned counsel to contend that the paragraphs-10 and 12.1 of the said resolution entitle the petitioners to be regularized as

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Junior Teachers. The relied upon paragraphs-10 and 12.1 of

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the said resolution are reproduced herein :

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“10. The Sikshya Sahayak (SS) after completion of 3 years of continuous satisfactory engagement will be eligible for appointment as Junior Teacher by the Zilla Parishad on contractual basis with consolidated remuneration of Rs.3500/- per month with effect from 1^st December 2007 .

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The following conditions must be fulfilled by the Sikhya Sahayak for appointment as Junior Teachers by the Zilla Parishad, namely :-

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i) The Sikshya Sahayak (SS) must have rendered 3 years of continuous service satisfactorily from the date of engagement;

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ii) The Sikshya Sahayak (SS), must have ensured 90% attendance of children in respective schools in all classes;

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iii) The Village Educating Committee must have given positive certificates about attendance and performance of the SS in the schools for the last 3 years;

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iv) The Sikshya Sahayak (SS) must not have any adverse reports during last 3 years of service in the school as SS. They must have ensured Mimnimum Level of Learning (MLL) for the students as prescribed by the competent authority; and

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v) The Sikshya Sahayak (SS) must have reduced the drop out of children of Primary and Upper Primary School to below 10%.

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10.1 Candidates not fulfilling the criteria contained in para-10 above shall not be considered for appointment as junior teachers by the Zilla Parishad.

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10.2 The eligibility conditions specified in para-10 shall not apply to 7855 numbers of SSS engaged during the year 2001.”

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xxx xxx xxx

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“12.1. The Junior Teachers after completion of 3 years of continuous satisfactory engagement as such under Zilla Parishads will be eligible for appointment as regular primary school teachers by the Zilla Parishads with effect from 1^st April 2008 on the basis of the number of vacancies to be transferred from the existing District Cadre to the Zilla Parishad cadre and subject to the fulfilment of following conditions.

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(i) The Junior Teachers must have rendered at least 3 years of service as such satisfactorily with an unblemished records.

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(ii) They must have ensured 90% attendance of Children in their respective schools in all classes. (iii) They must have been given positive certificate by the Village Education Committee about regular attendance and satisfactory teaching. They must have ensured Minimum Level of Learning (MLL) for the students as prescribed by the competent authority.

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(iv) They must have reduced the dropout of children on the schools below 10%.

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12.2 Notwithstanding anything to the contrary in Para-12.1, a Sikhya Sahayak after completion of 6 years of continuous satisfactory engagement as Sikhya Sahayak and Junior Teacher, taken together, as on 1^st April, 2008, shall be eligible for appointment as Regular Primary School Teacher.”

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5. Learned AGA upon advance copy served appears and waives notice on behalf of opposite parties.

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In response, he refers to the notification annexed to the writ petition marked as Annexure-9, i.e. Government of Odisha, School and Mass Education Department notification dated 4.1.2024, which provides for implementation of the judgment dated 25.1.2023 passed by the Hon’ble apex Court in SLP (C) No. 13627/2021 (State of Odisha v. Dhanajay Charan Dey).

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It is submitted by the learned AGA that if the petitioners seek regularization in the service as Level-V Assistant Teachers they have to satisfy the six conditions as are indicated in notification dated 4^th January, 2024 and their cases can only be considered as per those criteria.

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It is submitted by the learned AGA that since the matter has been listed for fresh admission, he does not have instruction regarding the status of the petitioners whether they have made any representation or whether they have already been considered or not for regularization as contended.

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6. At this stage, learned counsel for the petitioners submits that for consideration of their case for regularization as Assistant Teacher Level-V, petitioners wish to make individual

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representations to the authority which are to be considered, inter alia, in terms of the Annexure-2, Annexure-5 and Annexure-9 ( supra ) along with all other applicable notification, relevant rules and circulars.

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7. Learned AGA in response submits that any representation that would be made, would be considered by the authority in terms of the prevailing rules and circulars and statutes including the notification dated 4.1.2024 for implementation of the judgment of the Supreme Court in Dhananjay Charan Dey ( supra ).

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8. Having heard learned counsel for the petitioners and the learned AGA and considering materials on record, it is directed that the petitioners, if so advised, shall make detailed representation individually stating their individual cases and claims for regularisation as Assistant Teacher Level-V before appropriate authority supported by all documents they seek to rely upon. Upon the representations being made by the petitioners individually along with copy of this order, authority

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shall do well to consider the same and take decision in accordance with law as expeditiously as possible.

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9. It is clarified that this Court has not expressed any opinion on the merits of the case or regarding contentions of the parties to the petition.

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10. Accordingly, the writ petition is disposed of.

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(M.S.Sahoo) Judge

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dutta