Umidisetti Srinivasu vs The Secretary
2023 Latest Caselaw 5426 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No.27940 of 2021

                 Umidisetti Srinivasu                   ....             Petitioner
                                                          Mr. P.K. Panda, Advocate
                                          -versus-
                 The Secretary, CHSE, Odisha &          ....      Opposite Parties
                 others
                                                          Mr. J.K. Panda, Advocate
                                                                 for O.P. Nos.1 & 2

                                          CORAM:

                             JUSTICE A.K. MOHAPATRA

                                           ORDER

Order No.                                 08.05.2023
    08.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard Mr. P.K. Panda, learned counsel appearing for the petitioners as well as Mr. J.K. Panda, learned counsel for the Opposite Parties. Perused the writ petition as well as the documents annexed thereto.

3. The present writ application has been filed by the Petitioners with the following prayer:-

"Under the aforesaid facts and circumstances of the case, it is therefore most humbly prayed that this Hon'ble Court be graciously pleased to admit the writ application, issue notice to the Opp. Parties to show cause as to why the prayers made hereunder shall not be allowed and upon perusing the cause, if any shown, pleased to;

i) issue a writ in the nature of mandamus directing the Opp. Parties to issue the original +2 Arts certificate of the petitioner concerning Annual Higher Secondary Examination-2011 forthwith;

And further be pleased to such of the order/orders as // 2 //

may be deemed just and proper."

4. It is submitted by learned counsel for the petitioner that the case of the Petitioner is covered by the catena of judgments of this Court as well as the Hon'ble Supreme Court. However, learned counsel for the Petitioner relies upon the judgment in Yogesh Kumar Chand vs. State of Odisha & others decided in W.P.(C) No.9988 of 2022 vide judgment dated 21.10.2022. He further submitted that the case of Yogesh Chand's (supra) is almost identical to the facts of the Petitioner's case. In such view of the matter, learned counsel for the Petitioner submitted that taking into consideration the principle laid down in Yogesh Chand's case (supra) the council be directed to consider the case of the Petitioner and issue caste certificate in favor of the Petitioner within a stipulated period of time.

5. Mr. J.K. Panda, learned counsel for the Opposite Parties on the other hand submitted that the council is required to examine the case of the Petitioner in the light of their regulations. However, he does not dispute that identical matter has been disposed of by this Court particularly in Yogesh Chand's case (supra). In such view of the matter, Mr. Panda, learned counsel appearing for the Opposite Parties submitted that the council is required to examine the case of the Petitioner keeping in view the law laid down in Yogesh Chand's case (supra). In such view of the matter, Mr. Panda submitted that the council shall definite to consider the case of the petitioner. In the event, the Petitioner approaches the council along with a copy of this judgment in Yogesh Chand's case (supra) and addressed of grievance of the Petitioner within a stipulated period of time.

6. Considering such submission by learned counsels for the respective parties and further keeping in view the principle laid down by this Court in Yogesh Chand's case (supra), this court disposes of the writ application at the stage of admission by directing the Opposite // 3 //

Party to consider the case of the Petitioner in the light of law laid down by this Court in Yogesh Chand's case (supra) within a period of eight weeks from the date of production of the certified copy of this order. The Opposite Parties are directed to act upon production of the certified copy of this order. In the event, the case of the Petitioner is covered by the ratio laid down by this Court in Yogesh Chand's case (supra), then the Opposite Parties shall do well to issue the caste certificate in favor of the Petitioner within a period of four weeks from the date of taking such a decision.

7. On the request of leaned counsel for the petitioner with regard to the pending Interlocutory Applications, this Court grants liberty to the Petitioner to approach the Block Education Officer for release of his salary since April, 2021. In the event, the Petitioner approaches the Block Education Officer, the Block Education Officer shall do well to take a decision in the matter. In the event, it is found that the Petitioner is entitled to salary since April, 2021, then the same shall be released in favor of the petitioner forthwith.

8. With the aforesaid observations/ directions, the writ application stands disposed of.

Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra ) Judge Anil

Digitally signed by ANIL KUMAR ANIL KUMAR SAHOO SAHOO Date: 2023.05.09 18:57:00 +05'30'