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2014 DIGILAW 38 (ORI)

Subhashree Panigrahi v. State of Orissa

2014-01-17

S.PANDA

body2014
JUDGMENT : S. PANDA, J. As all these Writ Petitions involve common questions of law, the same are taken up for hearing together. For better appreciation W.P.(C) No. 14070 of 2013 is taken up first as the leading case. 2. W.P. (C) No. 14070 of 2013 has been filed by the petitioners challenging the arbitrary action of the opposite parties in fixing the criteria for admission for D.El.Ed. (CT) Course for the first time in respect of the session 2013-15 though no such criteria was fixed for the previous years. 3. The brief facts of the case are that an advertisement was published through online on 14.6.2013 for taking admission to D.El.Ed. (CT) Course for the session 2013-15 by the Director, Teacher Education and SCERT, Odisha, Bhubaneswar - opposite party No. 2. A similar advertisement was also issued by opposite party No. 2 in the previous year for the aforesaid course. The minimum educational qualification to take admission in D.El.Ed. (CT) Course was that a candidate must have passed Higher Secondary/+2 Examination in Arts/Commerce/Science or its equivalent examination. However for the present year the opposite parties have introduced Clause 3.2 under the Eligibility Condition which reads as follows: "3.2 In order to be eligible for admission to D.El.Ed. (CT) Course, the candidates must have studied at least two Schools subjects at Higher Secondary/+2 Examination in Arts/Commerce/Science or its equivalent examination level, of minimum 200 marks each, other than the compulsory (English, Alternative English, Odia, Hindi, Sanskrit, Bengali, Urdu and Telugu) language subjects. For Science candidates, he/she should have passed with 02 School subjects out of Physics, Chemistry, Mathematics, Botany, Zoology, Computer Science and Geography. For Arts candidates, he/she should have passed with 02 School subjects out of History, Geography, Economics, Political Science, Mathematics and Computer Science. For Commerce candidates, he/she should have passed with 02 School subjects out of Economics/Commercial Mathematics and Computer Science." The aforesaid criteria have been fixed for the first time in the current year without any reason and nexus for admission into D.El.Ed. (CT) Course though it was not fixed for previous years. The grievance of the petitioners in this writ petition are that they are meritorious students having more than 50% of marks and otherwise eligible to take admission into D.El.Ed. (CT) Course but they have not passed +2 examination having two school subjects as stipulated in the prospects. (CT) Course though it was not fixed for previous years. The grievance of the petitioners in this writ petition are that they are meritorious students having more than 50% of marks and otherwise eligible to take admission into D.El.Ed. (CT) Course but they have not passed +2 examination having two school subjects as stipulated in the prospects. The further grievance of the petitioners is that if similar criteria could have been fixed earlier at the time of admission to +2 courses or Higher Secondary Education they could have taken those two School subjects and eligible to take admission into D.El.Ed. (CT) Course. As earlier there was no such restriction the petitioners have taken subjects according to their choice as per the group fixed by the authority. As an illustration the group of subjects offered by the authorities in the Arts Stream is given here: Group-A - Education, Economics, Logics and Sanskrit and Group-B - Psychology, Economics, Logic and Sanskrit. It reveals that the authorities have not allowed a student to take two School subjects in a Group. The same authority has fixed those groups of subjects to be taken in the Higher Secondary Education/+2 Courses, therefore, the authority should not have stipulated those two School subjects in the Prospects as eligibility criteria to take admission into D.El.Ed. (CT) Course. Hence, stipulation of two school subjects under Clause 3.2 of the Eligibility Conditions is discriminatory in nature and as such is liable to be quashed. At the time of scrutiny of applications, the authorities have fixed the cutoff mark at 139.667 in respect of the career marks possessed by the Arts Candidates and the petitioners obtained more marks than the said cut off marks. However, their applications have not been considered by the authorities as they have not studied two School subjects at Higher Secondary/+2 Examinations in Arts/Commerce/Science level. 3.1. This Court by interim order dated 28.6.2013 directed opposite party No. 2 to allow the petitioners to fill up the forms for admission to D.El.Ed. (CT) Course for the session 2013-15 as the last date for fill up of such form was fixed to 30.6.2013. This Court further directed that the admission forms of the petitioners shall not be rejected without leave of this Court. In pursuance of the direction of this Court the applications of the petitioners have been considered and seats are lying vacant till date. 4. This Court further directed that the admission forms of the petitioners shall not be rejected without leave of this Court. In pursuance of the direction of this Court the applications of the petitioners have been considered and seats are lying vacant till date. 4. A counter affidavit has been filed by opposite party No. 2 inter alia taking the stand that after introduction of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as "the Act, 2009") the norms and standards for a School stipulates that one teacher for Class-VI to Class-VIII per class is required for the subjects i.e. Science and Mathematics, Social Studies and Languages. To impart better education to the children a meeting was held on 29.4.2013 where these stipulations were formulated and the same was approved by the Government of Odisha in the Department of School and Mass Education vide their letter No. 11514/SME dated 14.5.2013. It was decided that each candidate shall be considered for selection to take admission in D.El.Ed. (CT) Course for the session 2013-15, who have studied at least two School subjects besides the language subjects and any two School subjects out of the list must have been opted by the candidate at +2 levels. Since the petitioners have not possessed those two School subjects in their +2 level, they are not eligible to take admission in D.El.Ed. (CT) Course. A copy of the proceedings of the meeting held on 29.4.2013 is annexed as Annexure-A/2 to the counter affidavit. 5. Considering the aforesaid factual aspect, it appears that earlier there was no such restriction regarding subjects studied by the candidates at Higher Secondary level. Though the Act, 2009 was introduced in the meeting held on 29.4.2013. While taking a decision in the said meeting no reason has been assigned on what basis they have restricted the candidates to take admission in D.El.Ed. (CT) Course having two School subjects by giving a list ignoring the restriction to take those subjects at +2 levels in the Courses of Studies fixed by the authorities as stated by the petitioners. Furthermore the subject of Computer Science in some of the Colleges studied as Information Technology Course in the alternative that was also not prescribed in the said meeting and the meritorious candidates will be debarred to take admission in D.El.Ed. Furthermore the subject of Computer Science in some of the Colleges studied as Information Technology Course in the alternative that was also not prescribed in the said meeting and the meritorious candidates will be debarred to take admission in D.El.Ed. (CT) Course throughout their life though they are interested to be a teacher to impart education to the children. Eligibility to get admission and availability of vacancy of teachers are two distinct and different aspects. The provision of the Act, 2009 nowhere puts any subject restriction nor mandates anything to debar any number of students on the ground of passing +2 course with specific subjects as has been provided in the Information Brochure. 6. In the case of Pradeep Kumar Biswas v. Indian Institute of Chemical Biology reported in (2002) 5 SCC 111 the Supreme Court held that the eligibility criteria should not be arbitrary or unreasonable and if is found so, it becomes liable to be quashed as it falls within the mischief of Article 14 of the Constitution of India which provides for equality before law and equal protection of taw. The scope of Article 14 and 16 of the Constitution of India has been widened by judicial interpretation to mean not only the right to be not discriminated but also protection of any arbitrary or irrational act of the State Arbitrariness is an anathema of rule of equality. 7. In view of the aforesaid position of law and considering the subjects taught in the schools, there is no nexus to fix two School subjects to be taken by the candidates to take admission D.El.Ed. (CT) Course. One school subject is enough and merit is the only criteria to be considered for the candidates, who are interested to take admission in D.El.Ed. (CT) Course. The candidates after completion of their training will become eligible to be a teacher and they will build up the future of the children. They should have interest in the field of education and in the training they know how to impart education to the children. Therefore, fixing these two school subjects as eligibility criteria to take admission in D.El.Ed. (CT) Course is unreasonable, arbitrary and liable to be quashed. 8. They should have interest in the field of education and in the training they know how to impart education to the children. Therefore, fixing these two school subjects as eligibility criteria to take admission in D.El.Ed. (CT) Course is unreasonable, arbitrary and liable to be quashed. 8. Since the petitioners are more meritorious students than the cutoff mark fixed by the authorities, this Court while quashing the stipulation made by the Directorate of Teacher Education and SCERT, Odisha, Bhubaneswar in the Information Brochure for taking admission in D.El.Ed. (CT) Course for the Session 2013-15 with regard to two school subjects at Higher Secondary/+2 Examination in Arts/Commerce/Science or its equivalent examination level directs the authorities to permit the petitioners of all these Writ Petitions to take admission in D.El.Ed. (CT) Course forthwith. However, the classes which are already over, the same shall be conducted by way of extra classes during Vacations rescheduling the same. According all these Writ Petitions along with Misc. Cases are disposed of. Ordered accordingly.