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Judgment
B.P. Routray, J.
Heard Mr. S.B.Panda, learned AGA for the Appellants and Mr. P.K.Panda, learned counsel for the Respondent.
Present writ appeal is directed against judgment dated 17th January 2025 of the learned Single Judge passed in W.P.(C) No.15613 of 2018. The learned Single Judge while quashing the impugned order, allowed the prayer of writ Petitioner to direct the authority to issue necessary engagement order in his favour as Sikhya Sahayak (Telugu) against the available vacancy in the district of Gajapati.
The prayer of the Petitioner was to engage him as Sikhya Sahayak (Telugu) in the district of Gajapati, which was rejected by the authority as per order dated 25th June 2018 of the Collector-cum-Chief Executive Officer, Zilla Parishad, Gajapati. The main ground of rejection for engagement of the Petitioner was that, he did not have the H.S.C. pass certificate in Odia medium.
It is submitted by Mr. Panda, learned AGA that as per Clause 6.2 of the resolution dated 26th December 2016 of the Government in School and Mass Education Department, Odisha, it requires that the candidate must have passed H.S.C. examination in Odia medium. But the writ Petitioner having passed H.S.C. examination in Telugu medium is thus not entitled for his engagement as Sikhya Sahayak (Telugu).
It is relevant here to reproduce of Clause 6.2 of said resolution dated 26th December 2016, which is the central point of interpretation by the learned Single Judge., and it reads as follows:-
“Clause 6.2- In order to be eligible for Urdu, Bengali, Telugu Sikshya Sahayaks. Candidates must have passed Urdu, Bengali, Telugu as the case may be as MIL up to HSC standard. Since their engagement is likely to be held in the bilingual schools, such candidates shall produce a certificate from the Head Master of the concerned schools to the effect that she/he has passed HSC examination in Odia medium. Candidates can apply either in Category-1 or in Category-2 as per their qualification.”
As per the interpretation of learned Single Judge, since it remains undisputed that the Petitioner passed H.S.C. examination having Odia as a subject up to Class-X and that, the school being a bilingual school for Telugu and Odia, the qualification acquired by the writ Petitioner fulfills the requirement of passing in Odia medium up to H.S.C. standard as per Clause 6.2 of the resolution.
We have heard both parties. It is true that Clause 6.2 speaks that the candidate concerned is required to have passed H.S.C. examination in Odia medium. But it is to be read in whole. The first sentence appearing in Clause 6.2 is to the effect that, in order to be eligible for Urdu, Bengali, Telugu Sikhya Sahayaks, the candidate must have passed Urdu, Bengali, Telugu, as the case may be, as MIL up to H.S.C. standard. It is further mentioned in Clause 6.2 that the engagement of such candidates is likely to be in bilingual schools. Therefore, when it is undisputed that the writ Petitioner has passed his H.S.C. standard having Odia as a subject up to Class-X, then the same is not violating the requirement prescribed as per Clause 6.2 of the Resolution. It is for the reason that, the Petitioner has to be engaged in a bilingual school obviously and he has the knowledge in Odia as well as Telugu, both. Therefore, even the writ Petitioner has pursued his study in Telugu medium school, but having his subject in Odia up to Class-X, the same fulfils the requirement prescribed under Clause 6.2. Thus, we agree with the interpretation of the learned Single Judge to found the writ Petitioner as eligible for his engagement as Sikhya Sahayak (Telugu).
Accordingly, without finding any merit in the contention of the Appellants, the writ appeal is dismissed.