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2025 DAILYLAW 3333 (ORI)

KAPPA DIVYA v. STATE OF ODISHA

WP(C)/22368/2025 · 2026-04-27

Aditya Kumar Mohapatra

Writ Petition (Civil)body2025

Judgment text

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Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.22368 of 2025 Kappa Divya ..... Petitioner Represented By Adv. – Mr. Prasanta Kumar Panda -versus- State of Odisha and others ..... Opposite Parties Represented By Adv. – Mr. D.K. Sahoo, AGA CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 27.04.2026 Order No. 02. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. The essential grievance of the petitioner is against non- consideration of her candidature for the post of Telugu Junior Teacher (Schematic) in terms of the advertisement dated 10.09.2023, a copy whereof avails at Annexure-3 Series to the petition. 3. Learned counsel for the petitioner submits that in terms of Para-5.2 of the Resolution dated 22.08.2023, Petitioner satisfies the requirement of having the knowledge of Odia, since she has studied in the said medium up to 10th standard. That being the position, the Court should come to the aid of his client in securing the order of appointment. He presses into service a Co-ordinate Bench decision of this Court in Page 2 of 4. Purushottam Dalli v. State of Odisha, 2025 (Supp.II) OLR- 1014. 4. Learned AGA opposes the petition contending that no person will have right to appointment unless he satisfies all the prescribed conditions in the notice of advertisement and that petitioner having not satisfied the same, he is not entitled to any relief at the hands of this Court. 5. Having heard the learned counsel for the parties and having perused the petition papers, this Court is inclined to grant indulgence in the matter, inasmuch as the similar question relating to interpretation of Para-5.2 of the subject Resolution has been treated by a Co-ordinate Bench of this Court in Purushottam Dalli supra, wherein Para-16 reads as under: “16. A plain reading of the provision shows that in order to be eligible for appointment as Urdu, Bengali and Telugu Sikhya Sahayaks, the candidates must have passed the said subject as MIL up to H.S.C. standard. In the instant case, the petitioner has passed all subjects including Telugu. The other requirement is that he shall produce certificate from the school to the effect that he has passed H.S.C. Examination in Odia Medium. The petitioner obviously could not have produced any such certificate having pursued his education in Telugu Medium Schools in the State of Andhra Pradesh. Therefore, if the requirement of Clause 6.2 is strictly construed, a question of his eligibility may be raised but then, the fact that he has also passed Odia up to Class X standard, which is undisputed, cannot be lost sight of. This would imply that despite having passed the H.S.C. Page 3 of 4. in Telugu Medium, he has knowledge of Odia. Clause 6.2 appears to have been incorporated with the objective of ensuring that in bilingual schools also, the teachers must be conversant with Odia language. Viewed from this angle, it can be held that the petitioner having passed in Telugu medium and having knowledge of Odia up to Class X standard cannot be treated as entirely ineligible. What is important to note is, engagement of such a person is to be made in bilingual schools. In other words, in the instant case, the petitioner’s claim for engagement is in a school having both Telugu and Odia students. Since the petitioner possess knowledge of both the languages it cannot be said that he would be incapable of imparting teaching to be students of such a school. The authorities appear to have made a hypertechnical interpretation of the relevant clause without considering the object and intendment of the same.” 6. In fact, the present Petitioner has studied Telugu just like the litigant in the aforesaid judgment. Moreover, the Petitioner has also studied Odia up to the level of H.S.C. Therefore, the observations reproduced above would come to the aid of the petitioner and she is entitled to grant of relief at the hands of this Court. 7. In the above circumstances, writ petition succeeds; a Writ of Certiorari issues quashing the impugned endorsement dated 14.05.2025, a copy whereof avails at Annexure-11. A Writ of Mandamus is issued to consider the candidature of the petitioner for the appointment in question within eight weeks subject to the compliance of the conditions laid down in Purushottam Dalli’s case (supra), provided the Petitioner Page 4 of 4. satisfies all the requisites conditions, the Opposite Parties shall not insist upon a certificate from the Headmaster regarding her passing of H.S.C. examination in Odia Medium. Now, no costs. Web copy of this order to be acted upon by all concerned. (Aditya Kumar Mohapatra) Judge Debasis