Cuttack: Observing that the time spent in legal battles cannot be a ground for denying relief, Orissa high court has directed the appointment of Prajnya Parimita Barik, a disabled candidate, to the post of ‘Sikshya Sahayak‘ (teacher), nearly a decade after her application was rejected.

Justice Krishna Shripad Dixit, in his Aug 22 order, noted that Barik had approached authorities thrice and the court twice, including earlier this year, demonstrating a relentless pursuit of justice. “The time spent in the legal battles fought one after another, cannot be a ground for denying relief to the victorious party. Otherwise the faith of the right-thinking section of people would be shaken and that would not augur well to the rule of law, “Justice Dixit observed.

He directed that the appointment be made within eight weeks and compliance be reported to the HC’s registrar general. However, he clarified that the appointment would be prospective and Barik would not be entitled to any back wages or past service benefits.

Barik, who has 45% vision impairment and holds a BEd degree and passed OTET-I, had applied for the post under the recruitment notification dated Sept 11, 2014. Her name was initially listed among the trained eligible candidates for the 2014-15 recruitment cycle, as per the list prepared by the director of Odisha School Education Programme Authority (OSEPA). However, her name was subsequently shifted to the untrained CT (consultant teacher) category, where she was placed allegedly without justification, despite her BEd qualification.

After the earlier petitions were either dismissed or remitted, the authorities reconsidered her case following a 2023 directive. However, her claim was once again rejected via order dated March 26 this year.

Aggrieved, Barik again approached HC on April 23, arguing that the revised OTET-2019 guidelines — which allow BEd-holders with a minimum of 50% marks in graduation to teach classes I to IV after completing a bridge course — were not properly applied to her case. She sought a direction to the authorities to recommend her name under the trained category for appointment as a Sikshya Sahayak.

State govt argued that too much time had passed for the 2013-14 vacancies to be considered. However, Justice Dixit dismissed the argument, stating that vacancies caused by retirement, resignation or death are routine, and one such post should be used to accommodate Barik. Accordingly, Justice Dixit quashed the March 26 order and directed to select and appoint Barik to a suitable vacancy.