W.A. No. 3211 OF 2023 IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No. 3211 OF 2023 (An appeal arising out of W.P.(C) No.8801 of 2020 disposed of on 12th May, 2023) ***** 1. State of Odisha, represented though Its Commissioner-cum-Secretary, Department of School and Mass Education, Bhubaneswar 2. Director of Elementary Education, Heads of Department Building, Bhubaneswar 3. Director, TE & SCERT, Bhubaneswar 4. Block Education Officer, Nimapara …… Appellants -Versus- 1. Bhikari Charan Prusty .…… Respondent Advocates appeared: For Appellants : Mr. Siba Narayan Biswal, Additional Standing Counsel For Respondent : Mr. Laxmi Kanta Mohanty, Advocate CORAM : MR. JUSTICE K.R. MOHAPATRA MR. JUSTICE SANJAY KUMAR MISHRA ------------------------------------------------ Heard and disposed of on 13.05.2026 ---------------------------------------------- JUDGMENT By the Bench; 1. This matter is taken up through hybrid mode. Digitally Signed Signed by: MADHUSMITA SAHOO Designation: SENIOR STENOGRAPHER Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-May-2026 10:23:16 Signature Not Verified W.A. No. 3211 OF 2023 Page 2 of 9 2. This Intra-Court Appeal has been filed assailing the order dated 12th May, 2023 (Annexure-4) passed by learned Single Judge in W.P.(C) No.8801 of 2020. 3. Brief facts for proper adjudication of this Intra-Court Appeal are stated hereunder: a) The Respondent, namely, Bhikari Charan Prusty was initially appointed as Resource Teacher in Barapali U.P. School under the Integrated Education for Disabled Children (IEDC) Scheme by the Director, Teacher Education & State Council of Educational Research and Training (TE & SCERT), Bhubaneswar-Appellant No.3. While continuing as such, the Respondent with prior permission of the authority was relieved from duty to undergo Diploma training in Mental Retardation (DMR) from the National Institute of Mentally Handicapped under the Rehabilitation Council of India, Ministry of Welfare, Government of India, New Delhi. On successful completion of one year Diploma course, he joined in duty and continued as the Resource Teacher till 16th March, 2009, when his service was terminated by Appellant No.3 after abolition of Scheme. Subsequently, on 21st May, 2010, the Government of Odisha in the School and Mass Education Department, decided to absorb retrenched Resource Teachers, who possessed the C.T./B.Ed. qualification against existing vacancies as Assistant Teachers in Primary Schools. Since the case of the Respondent was not considered, he filed O.A. No.1871(C) of 2014 before the Digitally Signed Signed by: MADHUSMITA SAHOO Designation: SENIOR STENOGRAPHER Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-May-2026 10:23:16 Signature Not Verified W.A. No. 3211 OF 2023 Page 3 of 9 Odisha Administrative Tribunal, Cuttack, which was disposed of on 1st May, 2017 with a direction to the Commissioner- cum-Secretary, Department of School and Mass Education, Government of Odisha to consider his case verifying as to whether the Respondent possessed the qualification, which is equivalent to C.T. The case of the Respondent was considered by the Government of Odisha and Director of Elementary Education, Bhubaneswar-Appellant No.2 by a speaking order, rejected the claim of the Respondent to be absorbed as Primary School Teacher vide order dated 26th September, 2017. b) Being aggrieved, the Respondent preferred W.P.(C) No.8801 of 2020, which was disposed of vide order dated 12th May, 2023 with the following direction: “6.1. In view of such clarification issued by the Rehabilitation Council of India vide its circular dt.29.07.2016 under Annexure-13, read with clarification issued by the Board on 22.03.2012 under Annexure-8, it is the view of this Court that the Petitioner do possess the required equivalency. This Court while holding so, is inclined to quash the order at Annexure-12. While quashing the same, this Court directs Opp. Party No.2 to take appropriate steps for absorption of the petitioner as a Primary School Teacher within a period of three months from the date of receipt of this order. But Opp. Party No.2 shall verify as to whether the name of the Petitioner is at Sl. No.7 of the list of 33 Resource Teacher so forwarded by the Government under Annexure-10. Only after finding that the name of the Petitioner is referred as against Sl. No.7, appropriate order will be passed in the matter. The writ petition is accordingly disposed of.” Digitally Signed Signed by: MADHUSMITA SAHOO Designation: SENIOR STENOGRAPHER Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-May-2026 10:23:16 Signature Not Verified W.A. No. 3211 OF 2023 Page 4 of 9 Being aggrieved by the said order, this Intra-Court Appeal has been filed. 4. Mr. Biswal, learned Additional Standing Counsel submits that the Respondent did not possess the requisite qualification (C.T.) to be absorbed as Primary Teacher in a vacant post of Assistant Teacher in any Primary School. It is his submission that one year course of Diploma in Mental Retardation is not equivalent to C.T. The Board of Secondary Education in its Letter dated 22nd March, 2012, though clarified that Diploma in Special Education (Mental Retardation/MR) course / Examination conducted by Rehabilitation Council of India is equivalent to C.T. qualification, but the same was in respect of two-year course of Diploma not one-year, as availed by the Respondent. 4.1 He further submits that the Appellant No.2, taking note of the same vide his order dated 26th September, 2017 while rejecting the claim of the Respondent, clarified that the C.T. qualification is equivalent to two-year Diploma course in Mental Retardation. Thus, learned Single Judge has committed an error in allowing the writ petition vide impugned order under Annexure-4. Hence, he prays for setting aside the impugned order and to uphold the order dated 26th September, 2017 passed by the Director of Elementary Education, Odisha, Bhubaneswar-Appellant No.2. 5. Mr. Mohanty, learned counsel for the Respondent, vehemently objects to such contention and submits that, as per Digitally Signed Signed by: MADHUSMITA SAHOO Designation: SENIOR STENOGRAPHER Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-May-2026 10:23:16 Signature Not Verified W.A. No. 3211 OF 2023 Page 5 of 9 the clarification issued by the Board of Secondary Education in its letter dated 22nd March, 2012, the Diploma Certificate obtained by the Respondent has been declared equivalent to the C.T. qualification. It did not differentiate the Diploma course either for one-year or two-year. Since the Respondent had acquired the Diploma in Mental Retardation from a recognized institution, it is clarified that the Respondent possessed equivalent C.T. qualification. Further National Institute for the Empowerment of Persons with intellectual disabilities has clarified that the Diploma in Mental Retardation obtained by a similarly situated person, namely, Shri Duryodhan Das was genuine. Hence, there can be no iota of doubt that the Respondent possessed the requisite C.T. qualification to be appointed as Assistant Teacher in Primary School. Ignoring the same, the Director of Elementary Education, Odisha, Bhubaneswar rejected the claim of the Respondent holding that he did not possess two-year Diploma Certificate in Mental Retardation, which was rightly turned down by this Court in the impugned order under Annexure-4. He, therefore, submits that the Writ Appeal being devoid of any merit should be dismissed. 6. We heard learned counsel for the parties at length and perused the documents placed before us, both appended to the Writ Petition as well as to the Writ Appeal. 7. Admittedly, the Respondent was initially appointed as Resource Teacher under the Integrated Education for Disabled Digitally Signed Signed by: MADHUSMITA SAHOO Designation: SENIOR STENOGRAPHER Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-May-2026 10:23:16 Signature Not Verified W.A. No. 3211 OF 2023 Page 6 of 9 Children (IEDC) Scheme. He continued as such till 31st March, 2009, when he was terminated from service. During his continuance as Resource Teacher, he, being so permitted from the Authority concerned, obtained the qualification of Diploma in Mental Retardation from National Institute of Mentally Handicapped under the Rehabilitation Council of India, Ministry of Welfare, Government of India, New Delhi. On 21st May, 2010, the State Government took a decision to absorb the retrenched Resource Teachers, who possessed requisite qualification (C.T./B.Ed) against existing vacancy of Assistant Teachers in different Primary Schools of the State. Thus, the Resource Teachers, who were appointed under the IEDC Scheme, were considered to be absorbed as Assistant Teachers in different Primary Schools of Odisha. But, the case of 33 Resource Teachers including the Respondent was not considered on the ground that they did not possess the requisite qualification of C.T./B.Ed. The Respondent being aggrieved, moved O.A. No.1871(C) of 2014 before the Odisha Administrative Tribunal, Cuttack. Learned Administrative Tribunal while adjudicating O.A. No.1871(C) of 2014 vide order dated 1st May, 2007, relied upon the decision in Biswambar Behera –v- State of Odisha and others and batch of cases; reported in 2012(1) OLR 839, in which it is held that the Diploma in Special Education is equivalent to C.T. qualification. The O.A. was disposed of with a direction to the State to consider the case of the Digitally Signed Signed by: MADHUSMITA SAHOO Designation: SENIOR STENOGRAPHER Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-May-2026 10:23:16 Signature Not Verified W.A. No. 3211 OF 2023 Page 7 of 9 Respondent. The case of the Respondent was accordingly considered and rejected by the Director, Elementary Education, Odisha on the ground that the he did not possess the requisite C.T. qualification. Diploma in Mental Retardation was held not equivalent to C.T. qualification by the Director of Elementary Education while rejecting the case of the Respondent. Thus, the question arises as to whether the Respondent possessed the equivalent C.T. qualification to be absorbed in any vacant post of Assistant Teachers in a Primary School. 8. The Board of Secondary Education pursuant to a query made by the School and Mass Education Department vide Letter No.2805/SME dated 1st February, 2012 clarified the position vide Letter No.326 (Syllabus) dated 22nd March, 2012 as under: “Sub:-Grievance Petition of 34 Untrained Ex- Resource Teachers of IEDC scheme for their adjustment/absorption. Ref: Your Letter No-2805/SME (11.SME. CP. 162/ 10), Dated-1.2.2012. Sir, In inviting a reference to your letter on the subject' cited above it is for your information that out of the training qualification of the 33 candidates mentioned in the list provided by you, the Board of Secondary Education, Odisha have granted Equivalence to "Diploma in Special Education"(Mental Retardation/MR) course/ Examination conducted by Rehabilitation Council of India, B-22, Qutub Institutional Area, New Digitally Signed Signed by: MADHUSMITA SAHOO Designation: SENIOR STENOGRAPHER Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-May-2026 10:23:16 Signature Not Verified W.A. No. 3211 OF 2023 Page 8 of 9 Delhi-110016, with that of C.T Examination course of B.S.E. Odisha as mentioned against SI No-2,5,6,7,8,20,22(seven) of the list .But about the genuineness of the Certificates and recognition of the Institute concerned the matter may be clarified from the Rehabilitation Council of India, New Delhi, in its above mentioned address. Regarding other training qualifications such as "MCT" conducted by NCERT, New Delhi / "FC / SEDE" conducted by MP (Bhoj) Open University/"Bridge Course (VI)" conducted by RCI, New Delhi /"DSE (IV)"conducted by TCTVE, Bhubaneswar & DVH, New Delhi are unknown to the Board as none of them have applied to the Board for equivalence. Regarding C.P Ed. Course conducted by B.S.E. Odisha the matter of granting Equivalence does not arise. But the genuineness of the Certificate may be verified from the undersigned. Yours faithfully, Secretary, B.S.E. Odisha, Cuttack” 9. On a close reading of the clarification given by the Secretary, Board of Secondary Education, Odisha, it is clear that the Diploma in Special Education (Mental Retardation) course is equivalent to C.T. qualification by the Board of Secondary Education. The equivalency given by the Board of Secondary Education does not specify as to whether the Diploma course should be for one-year or two-year. Since the Respondent possessed the qualification of Diploma in Mental Retardation, it is held to be equivalent to C.T. qualification from the Board of Secondary Education, in absence of any material to the contrary. Digitally Signed Signed by: MADHUSMITA SAHOO Designation: SENIOR STENOGRAPHER Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-May-2026 10:23:16 Signature Not Verified W.A. No. 3211 OF 2023 Page 9 of 9 10. In view of the discussions made above, the contentions raised by Mr. Biswal, learned Additional Standing Counsel cannot be accepted. 11. Upon hearing learned counsel for the parties and on discussions made above, this Court finds no infirmity in the impugned order under Annexure-4. 12. Accordingly, the Writ Appeal being devoid of any merit stands dismissed. In the facts and circumstances, there shall be no order as to costs. Urgent certified copy of this judgment be granted on proper application. (K.R. Mohapatra) Judge (S.K. Mishra) Judge Orissa High Court, Cuttack, Dated 13th May, 2026/Madhusmita Designation: SENIOR STENOGRAPHER