Subham Kumar Dora vs State Of Odisha & Others .... Opposite ...

Orissa High Court

Subham Kumar Dora vs State Of Odisha & Others .... Opposite ... on 2 September, 2024

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                             W.P.(C) No.21683 of 2024

                 Subham Kumar Dora                  ....           Petitioner

                                                    Mr. D. Mishra, Advocate


                                         -versus-
                 State of Odisha & others           ....     Opposite Parties


                                                     Mr. B. Panigrahi, ASC
                                             (For Opposite Party Nos.1 to 4)

                    CORAM: JUSTICE SANJAY KUMAR MISHRA

                                         ORDER

09.02.2024 I.A. No.11659 of 2024 Order No.

01. This matter is taken up through hybrid mode.

2. Learned Counsel for the Petitioner files an Additional Affidavit after handing over a copy of the same to the learned Counsel for the State enclosing thereto the provisional admission letter dated 01.09.2024 issued in favour of the Petitioner, permitting him to take admission in MBBS course at Saheed Laxman Nayak Medical College and Hospital, Koraput. The same is taken on record.

3. Heard learned Counsel for the Petitioner so also Mr. B. Panigrahi, learned ASC for the State, who accepts notice on behalf of Opposite Party Nos.1 to 4 and admits to have received copy of the Writ Petition with I.A.

4. Mr. Panigrahi, vehemently opposes to the prayer made in the Writ Petition for setting aside the undated rejection order, as at Annexure-3 series, vide which the Page 1 of 3 prayer made by the Petitioner for issuance of Caste Certificate as Kondadora (ST) stood rejected, on the ground of alternative remedy available under Rule 5 of the Odisha Scheduled Castes, Scheduled Tribes and Backward Classes (Regulation of Issuance and Verification of Caste Certificates) Rules, 2023, shortly, "Rules, 2023".

5. Learned Counsel for the Petitioner, drawing attention of this Court to the order passed by the coordinate Bench dated 03.08.2024 in W.P.(C) No.16069 of 2023 and Writ Appeal No.2054 of 2023 preferred by the State against such judgment passed by the coordinate Bench submits, the issue regarding issuance of Caste Certificate in favour of the Petitioner has been decided by the coordinate Bench in W.P.(C) No.16069 of 2023. Against the said order the State has preferred Writ Appeal, wherein no order has been passed staying the operation of the impugned judgment passed by the coordinate Bench. Hence, such issue cannot be decided by the Appellate Authority during pendency of the said Writ Appeal even if a provision of appeal is there under Rules, 2023. Such issue being already decided by the coordinate Bench, the Authority should not have rejected the application of the Petitioner and his client has also initiated a contempt proceeding against the concerned Tahasildar, who has passed the rejection order, as at Annexure 3 series.

6. Learned Counsel for the State prays for three weeks' time to take instruction and file Counter to the Writ Petition so also objection to the I.A. The same is allowed.

7. As an interim measure, it is directed that no coercive action shall be taken against the Petitioner based on the Page 2 of 3 undated rejection order passed by the concerned Tahasildar, as at Annexure-3 series, for issuance of cast certificate pursuant to application vide Reference Number- E-STO/2023/589668 till the next date.

8. It is made clear that, during pendency of the Writ Petition, without prejudice, if the Petitioner so desires, he may prefer an Appeal in terms of Rule 5 of the Rules, 2023.

9. Urgent Certified copy of this order be granted on proper application, as per rules.

10. The matter be listed in the week commencing from 30th September, 2024.

(S.K. MISHRA) JUDGE Kanhu Signature Not Verified Page 3 of 3 Digitally Signed Signed by: KANHU BEHERA Reason: Authentication Location: High Court of Orissa, Cuttack.