Orissa High Court
Saswat Das vs State Of Odisha And .... Opposite ... on 20 November, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.24141 of 2025
Saswat Das .... Petitioner
Represented by Adv.-
Mr. D.N. Rath, Advocate
-versus-
State of Odisha and .... Opposite Parties
others Represented by Adv.-
Mr. D. Lenka, AGA
CORAM:
JUSTICE DIXIT KRISHNA SHRIPAD
ORDER
20.11.2025
Order No.
02. Eligibility criteria for admission into two years B.Ed. Course is
specified in the Information Brochure. The relevant criteria at paragraph-3
under the heading 'Eligibility' reads as under:
"3. Eligibility:
The candidate must fulfill all the eligibility criteria for
admission into the 2 years B.Ed. Courses is as mentioned below:
• Candidates with at least 50% marks in aggregate either in
Bachelor's Degree and/or in the Master's Degree in
Sciences/Social Sciences/Humanities (45% in case of
SEBC/SC/ST/PWD), Bachelor's in Engineering or Technology
(B.Tech.) or any other qualification equivalent thereto with
Specialization in Science ( Physics/ Chemistry/ Biology) and
Mathematics (As per AlCTE Syllabus) with 55% marks and 50%
marks in aggregate for SEBC/SC/ST/PWD candidates, are eligible
to apply for admission to the course.
• The candidates who have appeared in their final year graduation
examination (Graduation (both Arts/Commerce, Science) and
B.Tech/ Others equivalent) are also eligible to apply. Their
candidature for admission is subject to the required aggregate
percentages of marks at the Graduation level during the time of
their admission failing which their claim for admission shall be
forfeited.
• She/he must have passed Odia as MIL up to HSC or any
equivalent level or have passed Odia as a subject in the
specific examination conducted by BSE, Odisha of HSC
standard or passed with Odia as a subject in any higher
examination.
3.1 There is no age limit for the course."
2. Learned counsel for the Petitioner, who is facing problem in the
admission because of the interpretation of the eligibility criteria
mentioned above, submits that his client, having secured the
certificate at the hands of Board of Secondary Education, Odisha, has
complied with the requirement and therefore, admission needs to be
accorded. His certificate reads as under:
"ROLL NO. 241HAA0372 SL. NO.241100299
Board of Secon\dary Education, Odisha
Certified that Saswat Das Bearing Roll No.241HAA0372
Passed 1st Half Yearly Language Test (VIII Standard)
In Odia held in the Month of JUNE-2024
SECTION MAXIMUM MARK PASS MARK MARKS SECURED
GROUP-A(WRITTEN)
English
Odia
GROUP-B(ORAL)
Date of Publication of Result : 07/08/2024 Date of Issue: 04/11/2024"
3. Learned AGA Mr. Lenka vehemently resists the petition
contending that the criteria mentioned under the eligibility column
should be read in common parlance and if that is done, the certificate
granted by the BSE to the petitioner is not of HSC Standard at all and
therefore, no relief can be granted to the petitioner. In support of this,
he relies upon two decisions of the apex Court in State of Rajasthan
v. Lata Arun, (2002) 6 SCC 252 and Union of India v. Pusspa Rani
passed in Civil Appeal Nos.6934-6946 of 2005 decided on
29.07.2008.
4. Having heard learned counsel for the parties and having
perused the petition papers, this Court declines indulgence in the
matter broadly agreeing with the submission made by Mr. Lenka to
the effect that the Certificate secured by petitioner at the hands of
BSE, Odisha is not of HSC Standard. HSC means High School
Certificate. Although the course is of three years, i.e., VIII, IX & X
Standard, the common sense tells that HSC course is complete only
when X Standard is passed on and not before. Merely because the
entry to the course happens to be VIII standard, the person passing
VIII Standard cannot be said to be a candidate who have completed
HSC Standard. It would have been ideal, had the Brochure given the
brief description of what the Admission Authorities mean by HSC
Standard, is the deciding point. The two decisions of the apex Court
in Lata Arun & Pusspa Rani supra, on which reliance has been
placed by Mr. Lenka, do not merit deeper examination because one of
them relates to the realm of service jurisprudence and the other relates
to the laying down of policy in the realm of education. Policy as such
is already laid down in the Brochure, which specifies the 'Eligibility'.
In the above circumstances, this petition being devoid of merit
is liable to be dismissed and accordingly it is, costs having been made
easy. Whatever amount has been deposited by the petitioner for
admission should be refunded by the Higher Education Department
within four weeks.
All the above being said, if there is any concession that can be
shown to the petitioner, since he has already remitted the fees and
time has also been spent earlier to this judgment, shall not come in the
way of granting admission to the petitioner as special case. However,
this is not to be treated as a precedent.
Now no costs.
Web copy of the order to be acted upon by all concerned.
(Dixit Krishna Shripad)
Judge
Amit
Signed by: PRASANT KUMAR SAHOO
Designation: Personal Assistant
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 24-Nov-2025 11:03:26
