The High Court
Case Details
Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: Ex-A.R.-cum-Sr. Secretary Reason: Authentication Location: High Court of Orissa Date: 14-Aug-2023 11:59:08 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.8552 of 2023 Shruti Prajna Patra …. Petitioner Mr.S.B.Mohanty, Advocate State of Odisha and others -versus- ….
Legal Reasoning
Opp. Parties Mr.P.C.Das, A.S.C. CORAM: JUSTICE A.K. MOHAPATRA Order No.
Decision
ORDER 10.08.2023 04. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State-Opposite Parties. Perused the Writ Petition as well as the documents annexed thereto. 3. The Petitioner has filed this present Writ Petition with the following prayer: “It that therefore prayed this Hon’ble Court To admit the writ petition. is graciously be pleased :- I) II) To direct the Opposite parties ore particularly Asst. Secretary, O.M.T.E.S. (Odisha Model Tribal Education Society) Department of ST & SC Bhubaneswar and Principal, Ekalavya Model Residential School, Rampilo) to accept the application of the Petitioner and issue Admit card in her favour to appear the Entrance Examination Test, 2023 ( for the VI class) scheduled to be held in 26.03.2023 by placing her application in Reserve Category as per Clause-V of the Govt. guidelines and advertisement and she be allowed to sit in the Entrance Test admission in the Rampilo School. And pass such other order/orders as deem fit and proper in the interest of justice.” // 2 // Signature Not Verified 4. Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: Ex-A.R.-cum-Sr. Secretary Reason: Authentication Location: High Court of Orissa Date: 14-Aug-2023 11:59:08 It is submitted by the learned counsel for the Petitioner that the present Petitioner, who is a minor being represented by her father has approached this Court by filing the present Writ Petition for a direction to the Opposite Parties to allow her to appear in the Entrance Examination Test, 2023 ( for the Class-VI ). Under the guidelines of the Government of Odisha, Children of Staff of EMRSs/EMDBSs/CES/Doctors, Paramedical staff of Government Hospital serving in the same block to get admission in the EMRS. Learned counsel for the Petitioner further contended that since the father of the Petitioner was working as Trained Graduate Teacher in English in EMRS, Rampilo in the district of Jajpur the Petitioner is eligible to participate in the selection test and subject to her qualifying in such selection test, she is entitled to get admission in EMRS. Learned counsel for the Petitioner further contended that while the father of the Petitioner was working, he was on medical leave. However, the authorities initiated a proceeding against the father of the Petitioner for such leave. Accordingly the father of the Petitioner was disengaged from service. Subsequently such disengagement has been set aside. However, the father of the Petitioner has not yet been permitted to join in duty as of now. In the aforesaid background, learned counsel for the Petitioner submitted that initially since the Petitioner’s father was disengaged, the authority did not allow to participate in the selection process, but by virtue of the interim order of this Court, the Petitioner was allowed to participate in the selection test. Finally, after completion of the selection test it was detected that the Petitioner has been selected in the said test to take admission in the aforesaid School. Further, it was contended before this Court that in view of the interim order passed // 3 // Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: Ex-A.R.-cum-Sr. Secretary Reason: Authentication Location: High Court of Orissa Date: 14-Aug-2023 11:59:08 by this Court that the result of the Entrance Test shall be subject to the final outcome of the Writ Petition, the Petitioner has not been given admission as of now. 5. Learned Additional Standing Counsel on the other hand contended that initially the Petitioner was not allowed to participate in the Selection Test as she was not found to be eligible. So far as eligibility criteria is concerned, learned Additional Standing Counsel submitted that the father of the Petitioner was disengaged from service and as such he was no more an employee of EMRS, Rampilo. Accordingly, the Petitioner was not allowed to participate in the selection test which was confined to certain category of Government employee. Learned Additional Standing Counsel does not dispute the fact that in the meantime the aforesaid disengagement order has been set aside although the Petitioner has not joined in duty till date. In such view of the matter, learned Additional Standing Counsel submitted that the State Opposite Parties have not committed any illegality in not allowing the Petitioner to participate in the Selection Test. 6. Having heard learned counsel appearing for the respective parties and on careful consideration of the submissions of the learned counsel for the respective parties and on careful examination of the background facts of the present case, this Court is of the considered view that since the disengagement order has been set aside in the meantime, the father of the Petitioner can be construed to be an employee of EMRS, Rampilo irrespective of the fact that the Petitioner has not joined in duty as of now. In such background the opposite Parties have erroneously held that the Petitioner has no eligibility for the selection test. This Court had earlier directed to // 4 // Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: Ex-A.R.-cum-Sr. Secretary Reason: Authentication Location: High Court of Orissa Date: 14-Aug-2023 11:59:08 allow the Petitioner to participate in the Selection Test, however her result shall not be published without leave of this Court. In such view of the matter, this Court deems it proper to dispose of the Writ Petition by directing the Opposite parties to publish the result of the Petitioner and in the event it is found that the Petitioner is qualified in the aforesaid selection test, then necessary steps be taken to give her admission at the earliest preferably within a period of two weeks from the date of production of a certified copy of this order. 7. With the aforesaid observation/direction the Writ Petition stands disposed of. 8. Issue urgent certified copy of this order as per Rules. RKS ( A.K. Mohapatra) Judge