Suresh Chandra Dash vs State Of Odisha And Others
2022 Latest Caselaw 1765 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                             FAO NO. 185 of 2021
            Suresh Chandra Dash                           Appellant
                                             Mr. K.K.Swain, Advocate
                                    -versus-
            State of Odisha and others       ...      Respondents
                                                  Mr. Rajesh Kumar Tripathy, ASC
                                                       for Respondents 1 & 2

                                      CORAM:
                                 JUSTICE M.S.SAHOO

                                         ORDER

Order No. 10.3.2022

1. I.A. No. 343 of 2021

1. This matter is taken up by hybrid mode.

The I.A. has been filed for condonation of delay in filing the appeal. As per the report of the Registry, there is no delay in view of the order dated 27.4.2021 passed in Misc. Application No.665 of 2021 arising out of W.P.(C) No. 3 of 2020 of the Hon'ble Supreme Court of India.

2. Having heard learned counsel for the appellant and the respondents, the I.A. is disposed of there being no delay in filing the appeal.

(M.S.Sahoo) Judge

FAO No. 185 of 2021

1. Heard learned counsel for the appellant.

The appeal has been filed under section 24-C of the Orissa Education Act, 1969 challenging the judgment/order dated 29.1.2021 passed by learned State Education Tribunal, Odisha, Bhubaneswar in G.I.A. Case No. 130 of 2019, inter alia, on the ground that the observation of the Tribunal regarding lack of eligibility of // 2 //

the appellant as he has not secured the requisite 54% of marks, is untenable in law.

2. Admit.

Issue notice to the respondents.

3. Learned ASC appears and waives of notice for respondents 1 & 2. Let two extra copies of the appeal memo be served on him. Issue notice to respondent no.3 by registered post with A/D, fixing an early returnable date. Requisites shall be filed by 16.3.2022.

4. List after S/R is back.

The order be uploaded in the Court's website.

(M.S.Sahoo) Judge

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