In a ruling that hinged on the interpretation of “and/or” in recruitment rules, the Orissa high court has upheld the appointment of a Hindi teacher whose qualification was earlier rejected by state authorities, saying that rules must be read in line with legislative intent and not literal rigidity.
A division bench of chief justice Harish Tandon and Justice Murahari Sri Raman on October 14 dismissed the state’s appeal, holding that the candidate’s qualification — a Rastrabhasa Sastri degree from Odisha Rastrabhasa Parishad, Puri (an academic degree offering a comprehensive study of traditional Indian knowledge systems and associated disciplines by the Puri-based NGO recognised by union education ministry) — was equivalent to a Bachelor’s degree in Hindi for the purpose of recruitment as a contractual Hindi teacher.
The dispute arose after the Angul district collector, in 2023, rejected the application of Pabitra Behera, citing that he had failed to secure the minimum 45% marks in his Bachelor of Arts degree. The High Court however noted that Behera had scored 63.75% in the Sastri examination, which is officially recognised as equivalent to graduation in Hindi, thereby meeting the benchmark for eligibility.
At the heart of the case was the interpretation of the 2014 Odisha School and Mass Education Department resolution, which set out qualifications using the phrase “and/or”. The state contended that the criteria were cumulative — requiring both a Bachelor’s degree and a Sastri degree. The bench disagreed, holding that the rule must be read disjunctively, meaning that either qualification would suffice.
{{/usCountry}}At the heart of the case was the interpretation of the 2014 Odisha School and Mass Education Department resolution, which set out qualifications using the phrase “and/or”. The state contended that the criteria were cumulative — requiring both a Bachelor’s degree and a Sastri degree. The bench disagreed, holding that the rule must be read disjunctively, meaning that either qualification would suffice.
{{/usCountry}}“It is a well-established principle of statutory interpretation that the word ‘or’ is normally disjunctive and the word ‘and’ is normally conjunctive,” the court observed in its order dated October 14 and published on Tuesday. “Both can be read vice versa, but such interpretation is permissible onlywhen the legislative intent is clear. Where the provision is unambiguous, ‘or’ cannot be read as ‘and’ merely to suit administrative convenience.”
The bench further explained that “if a literal reading produces absurdity, ‘and’ may be read for ‘or’ and vice versa, but only when such modification aligns with the legislative intent.”
Finding no error in the earlier decision of the same court, which upheld the appointment in 2023, the high court said Behera could not be debarred “merely because his Bachelor’s marks were below 45%, when his Sastri qualification exceeded that benchmark and was statutorily recognised as equivalent.”
While noting that thousands of Hindi teacher posts remained vacant across Odisha, the high court bench cautioned that a narrow reading of eligibility rules would “frustrate the object” of the 2014 resolution, which aimed at strengthening language education in government schools.