The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.1582 of 2024 Alibha Mahalik & others …. Petitioners Mr. D.K.Rath,Sr.Advocate -versus- State of Odisha & others …. Opposite Parties Mr. D.Nayak, A.G.A. CORAM: JUSTICE A.K. MOHAPATRA
Decision
ORDER 30.01.2024 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the petitioners as well as Mr. D.K.Rath, learned senior counsel appearing for the Annual Higher Secondary Education and learned Additional Government Advocate for the State-Opposite Parties. Perused the writ petition as well as documents annexed thereto. 3. The Petitioner has filed the present writ application with the following prayer: therefore pray “The petitioners issue a writ/writs that Your Lordship’s may graciously be pleased to admit the writ the nature of application, to Certiorari/Mandamus directing consider the grievance of the petitioner and to allow the present petitioners to cause form fill-up and subsequently appear in the AHSE 2024(+2 Science) scheduled to be held; the Opp.parties in And pass any other order(s), direction(s) as this Hon’ble Court may deem fit and proper.” // 2 // 4. Learned counsel for the petitioner at the outset submitted that the petitioners are students who were given admission in the +2 Science stream of Sadguru Sainath International Higher Secondary School, Semiliguda, (College code HA-30) in October, 2022. He further contended that the petitioners have been pursuing the +2 Science course in the aforesaid school. Learned counsel for petitioner further contended that the Council of Higher Secondary Education notified the date of final examination and accordingly the schools are intimated to start the process of form fill up from the and the same was scheduled to be held from 15.09.2023 to 14.12.2023. Such date was extended twice on different grounds by the Council of Higher Secondary Education. However, the petitioners could not fill up the form to appear in the final examination despite such extension. Learned counsel for the petitioner also contended that although they have deposited the money and submitted the form to the school authority, however, the same has not been forwarded to the Council as is required under the regulations. It is because of such inaction on the part of the school authorities that the petitioners who are students are being made to suffer by the school for their negligent conduct. In the aforesaid factual background learned counsel for the petitioner submitted that the Opposite parties council of Higher Secondary Education be directed to accept the forms of the petitioners and permit them to appear in the final examination to be held. 5. Mr. Rath, learned Senior counsel appearing for the Higher Secondary Education on the other hand contended that the present scenario has arisen it is purely due to the negligence of the school authority who could not submit the forms within due dates. Mr. Rath, learned senior counsel further contended that there exists a dispute with regard to the management of the school in which the petitioners // 3 // are prosecuting their studies and as a result of such dispute the forms duly filled up by the petitioners along with their examination fees were not forwarded to the Council within the notified date. As a result of which the Council has not accepted the forms of the petitioner and they have not been permitted to appear in the final examination. In the aforesaid backdrop learned Senior Counsel for CHSE, Odisha submitted that the Council has not committed any illegality in the matter. In such view of the matter it was also submitted that the writ application is devoid of merit and accordingly the same should be dismissed. 6. Having regard to the factual background of the present case and the materials on record, as well as on a careful consideration of the submissions made by the learned counsels appearing for the respective parties, this Court is of the observation that the petitioners are all students who are prosecuting their studies in the +2 Science stream. The record further reveals that although they were duly admitted to the school, which was having the affiliation and registration from the Council at the relevant point of time, it can be presumed that the petitioners have committed any wrong in taking admission in the school in which they are prosecuting their studies. However, because of the internal dispute of the school authorities the petitioners are prevented from filling up the form within the notified date and accordingly they have not been allowed to appear in the final examination which is to be conducted by the Council of Higher Secondary Education. On a careful consideration of the entire factual background and the conduct of the school authorities, this Court is of the considered view that it is purely because of the latches and negligence on the part of the school authorities that the petitioners are being made to suffer and their educational career is being prejudiced. Although the school authorities and the students who are found to be // 4 // at fault do not deserve any sympathetical consideration, however, keeping in view the factual background of the present case this Court is of the considered view that the students are not liable for any latches and negligence in not filling up the form in time. Although the students have filled the form and deposited examination fees before the school authorities which was subsequently not forwarded to the Council. In the aforesaid factual backdrop this Court feels it is the Court’s conscious duty to protect the students like the petitioners who are not at fault in the present case. Accordingly, this Court deems it proper to dispose of the writ application by directing the Chairman of the Council to consider the case of the present petitioners sympathetically and in the event the regulation of the Council so permits, the Opposite party No.2 shall consider the case of the petitioner to permit them to fill up their form and the appear in the final examination. The petitioners are directed to approach the Opposite party No.2 by tomorrow (31.01.2024) along with a certified copy of this order. In such eventuality the Opposite Party No.2 shall take a decision as expeditiously as possible within a week from the date of receipt of copy of this order. The final decision so taken be communicated to the petitioner within a week thereafter. 7. With the aforesaid observation/direction, the writ application stands disposed of. 8. Urgent certified copy of this order be granted on proper application in course of the day. ( A.K. Mohapatra ) Judge Rubi Signature Not Verified Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa Date: 05-Feb-2024 19:13:46