Orissa High Court Quashes Hindi Teacher Recruitment Process

Background

The Odisha Staff Selection Commission issued a recruitment advertisement for appointment to 711 posts of Hindi Teachers. The advertisement clearly stipulated that a Preliminary Examination would be conducted if the number of applicants exceeded five times the number of vacancies, and that the Main Written Examination would be conducted with bilingual question papers (Hindi and English).

Issues Raised Before the Court

• Dispensing with the Preliminary Examination despite the number of applicants exceeding the prescribed ratio.
• Failure to provide bilingual question papers as promised in the recruitment notification.
• Whether the Commission could alter the recruitment procedure after publication of the advertisement.
• Whether participation in the examination barred candidates from challenging the process.

Findings of the Court

The Court held that the recruitment advertisement constituted a binding representation to the public and the Commission was duty-bound to strictly adhere to the prescribed procedure.

• The number of applicants far exceeded five times the advertised vacancies, making the Preliminary Examination mandatory.
• The Commission had no authority to unilaterally dispense with the Preliminary Examination.
• Non-provision of bilingual question papers violated the terms of the advertisement.
• Offering a partial re-examination after the Main Examination was held to be impermissible and detrimental to fairness.
• Participation in the examination did not estop candidates from challenging a process that was later found to be illegal.

Decision and Directions

The High Court allowed the writ petitions and issued the following directions:

• The selection process for Hindi Teacher posts was quashed up to the stage prior to the Main Written Examination.
• The Commission was directed to conduct the Preliminary Examination as per the recruitment advertisement.
• Bilingual question papers (Hindi and English) must be provided in accordance with the notification.
• The entire exercise must be completed within three months from the date of judgment.

Significance

This judgment reinforces the principle that recruitment authorities must strictly follow the procedures declared in their advertisements and cannot alter the rules of the game mid-way. Transparency, fairness, and adherence to notified conditions were emphasized as essential components of public employment.