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Orissa High Court
Samarendra Panda vs State Of Odisha on 16 December, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) NO.37449 of 2023
In the matter of an application under Articles 226 & 227 of the
Constitution of India, 1950.
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Samarendra Panda .... Petitioner
-versus-
State of Odisha, represented .... Opposite Parties
through Commissioner-Cum-
Secretary to Government, School
& Mass Education Department,
Bhubaneswar & Another
Advocates Appeared in this case
For Petitioner - M/s. K.K. Swain, S.C.D. Dash & K.
Swain, Advocates
For Opp. Parties - Mr. U.C. Behura,
Addl. Government Advocate
[OP No.1]
M/s. S. N. Patnaik and A. Nayak,
Advocates [OP No.2]
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CORAM
MR. JUSTICE DIXIT KRISHNA SHRIPAD
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Date of Hearing & Judgment : 16.12.2025
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PER DIXIT KRISHNA SHRIPAD, J.
Petitioner, an Ex-Serviceman, had staked his claim for
appointment as a Trained Graduate Teacher (PCM) pursuant to the
advertisement dated 23.11.2022. He had written the Preliminary
Tests/Examinations and Mains Examination and thereafter he was called
for interview. His candidature having not been favoured by the Odisha
Staff Selection Commission, he is grieving before the Writ Court.
2. Learned counsel for the petitioner vehemently argues that the
requisite qualification, as prescribed in the advertisement, his client
possesses, and despite that he has been kept out of the selection,
unjustifiably. In support of this contention, he presses into service a
decision of this Court in W.P.(C) No.16508 of 2024 between Anakar
Swain v. State of Odisha disposed off vide order dated 28.10.2025 in
the light of a decision of Delhi High Court in W.P.(C) No.677 of 2008
between Social Justice, A Civil Rights Group v. Government of N.C.T.
Delhi decided on 16.09.2009.
3. After service of notice, the State has entered appearance through
learned AGA and the Staff Selection Commission is represented by its
Panel Counsel. Said Panel Counsel has filed the counter resisting the
petition. He contends that the qualifications prescribed by the
advertisement in question are very specific and intelligible; his client is
only a selecting body, the qualifications being prescribed by the State in
its requisition orders; it would go strictly in accordance with the letter &
sprit of such prescription in the advertisement; by that standard,
petitioner's B.Ed. Special Education secured at the hands of Indira
Gandhi National Open University (IGNOU) does not satisfy the
requirement and therefore, he is not entitled to any relief at the hands of
this Court. He also tells that in fact petitioner has misled the Staff
Selection Commission in not putting the things in black & white
deliberately and therefore, such a sharp practice should disentitle him to
any relief. Learned AGA adopts the submissions made on behalf of the
Staff Selection Commission.
4. Having heard learned counsel for the parties and having perused
the petition papers, this Court is inclined to grant indulgence in the
matter for the following reasons:
4.1. Admittedly, petitioner does possess B.Sc. (PCM) and B.Ed.
Special Education from IGNOU. He is an Ex-Serviceman and therefore,
certain number of posts is reserved for that category of candidates. The
essential question arising in the case is as to whether B.Ed. Special
Education secured by the petitioner at the hands of IGNOU does satisfy
the requirement of B.Ed. mentioned in the advertisement. The
advertisement prescribes following as the requirement:
"SL. POST MINIMUM EDUCATIONAL
NO. NAME QUALIFICATION
xxx xxx xxx
2 TGT Bachelor Degree in Science/B. Tech/ B.E with
Science two school subjects (school subjects as defined
(PCM) in the proviso here under) from, a recognized
university having 50% marks in
aggregate(45% for SC/ST/PWD/SEBC
candidates) and Bachelor in Education(B,
Ed)/ 3-year integrated B.Ed. - M.Ed, from any
NCTE recognized Institution."
4.2. Almost identical question arose before the Delhi High Court in
Social Justice, A Civil Rights Group (supra). The Court held that B.Ed.
Special Education in broader aspects is much more trained in
comparison to B.Ed. General. This opinion is formed on the basis of
affidavit filed by the Member Secretary of Rehabilitation Council of
India. Similar question arose before this Court in Anakar Swain (supra)
and the opinion of Delhi High Court came to be adopted in favoure of
the litigant in the said case. That being the position, it cannot be
gainfully argued that the B.Ed. Special Education is not equivalent to
B.Ed. General. This apart, as submitted by learned counsel for the
petitioner, the B.Ed. Special Education is recognized by National
Council for Teacher Education (NCTE), a body constituted under the
National Council for Teacher Education Act, 1993.
4.3. The vehement submission of learned Panel Counsel appearing for
OP No.2 that the petitioner has not approached the Court with clean
hands, inasmuch as he did not disclose everything in black & white
before the Commission when filling the application form and also at the
subsequent stages of recruitment process, is bit difficult to countenance.
Petitioner is an Ex-Serviceman and as already mentioned 43 posts are
earmarked for the category of these candidates. On perusal of the
papers, this Court does not find that the petitioner has committed any
suppressio veri, suggestio falsi, as contended. The only ground, on
which the petitioner has been de-candidatured, is the alleged lack of
educational qualification, with which this Court does not agree.
In the above circumstances, this petition succeeds; a Writ of
Mandamus issues to OP No.2 to enlist petitioner in the Selection List and
forward it to OP No.1 for issuance of appointment order, if he is
otherwise eligible. Compliance within three (3) months and delay shall be
viewed very seriously.
Now, no costs.
Web copy of judgment to be acted upon by all concerned.
(Dixit Krishna Shripad)
Judge
Orissa High Court, Cuttack
The 16th day of December,2025/Anisha
