In a significant judgment, the Orissa High Court has directed the State government to appoint Prajnya Parimita Barik, a visually impaired candidate, as a Sikshya Sahayak after a prolonged legal battle spanning over a decade. The court held that denying her appointment despite clear eligibility was unjust and contrary to constitutional principles.
Background of the Case
Barik, who has 45 per cent vision impairment, cleared the Odisha Teacher Eligibility Test (OTET-I) and also holds a first-class B.Ed degree. She had applied for appointment as a Sikshya Sahayak in response to a recruitment notification issued in 2014. Although her name initially appeared on the list of trained candidates, it was later shifted to the untrained category. Her legal challenge began in 2015 when her candidature was rejected, leading to multiple rounds of litigation before the High Court.
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Justice Dixit Krishna Shripad, while delivering the verdict, observed that Barik had faced repeated rejection despite being fully qualified. The court emphasised that physically handicapped candidates deserve a fair and constructive interpretation of recruitment rules.
Court’s Observations
“A meritorious candidate coupled with physical handicap has to be treated with due leniency, of course within the framework of law,” the judgment noted.
The State government argued that OTET-I and B.Ed categories were mutually exclusive, and that Barik could not claim benefits under both. However, the court held that special provisions for Scheduled Castes, Scheduled Tribes, and physically handicapped candidates must be interpreted to favour inclusivity. The bench further criticised the authorities for shifting their stand on whether she should be treated as trained or untrained, despite no change in facts.
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Rejecting the State’s contention that too much time had passed, the court made it clear that delay caused by litigation cannot deprive a deserving candidate of her rights.
Fruits of successful litigation, howsoever long the same be fought, should ordinarily reach the hands of the winner,
Accordingly, the High Court quashed the government’s rejection order and directed the authorities to appoint Barik to any available vacancy within eight weeks. However, the appointment will take effect prospectively, meaning she will not receive back wages or benefits for the past period.
Case Title: Prajnya Parimita Barik v. State of Odisha & Others
Case Number: W.P.(C) No. 14083 of 2025
