Mamata Mishra & Ors vs State Of Odisha & Ors
2023 Latest Caselaw 12953 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                          W.P.(C) No.34380 of 2023

        Mamata Mishra & Ors.                  ....                Petitioners
                                                        Mr. B. Routray, Sr. Advocate
                                                                Along with
                                                         Mr. S.K. Samal, Advocate

                                               -versus-

        State of Odisha & Ors.                ....                Opposite Parties
                                                          Mr. M.K. Balabantaray, AGA


                            CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                      ORDER

18.10.2023 Order No

01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel for the Petitioners and learned counsel for the Opposite Parties.

3. The Petitioners have filed the present Writ Petition with the following prayer:-

"It is therefore, most humbly prayed that this Hon'ble Court be graciously pleased to:-

                           i)      Admit the writ petition.
                           ii)     Call for the record.
                           iii)    Issue a writ in the nature of mandamus
                                   or        any        other     writ/writs

direction/directions directing the Opp.

- the Odisha Staff Selection Commission to examine the out of syllabus questions which were set in the CBT Examination held on dated 21.09.2023 particularly in the Sanskrit Paper by an Expert Committee and accordingly necessary marks be awarded in favour of the // 2 //

Petitioners who had appeared in the said CBT Examination on 21.09.2023.

iv) And/or pass such other order/orders, direction/directions as this Hon'ble Court may deem fit and proper for the ends of justice.

And for which act of your kindness the petitioner shall, as in duty bound, ever pray."

4. Learned counsel for the Petitioners submits that through highlighting their grievances, Petitioners have filed a representation at Annexure-5 to the Writ Petition before the O.P. No. 3, but till date nothing has been done in the matter. In such background, learned counsel for the Petitioners prays that a direction be issued to Opposite Party No. 3 to take a decision on the above noted Petition within a specific time period.

5. Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs Opposite Party No. 3 to take a decision on the above noted petition in accordance with law within a period of four (4) weeks from the date of receipt of this order and communicate the result of such exercise to the Petitioners. It is further observed that while taking such a decision, the relevancy and effect of the Judgment passed by this Court on 10.11.2022 in W.P.(C) No. 7138 of 2022 and batch be taken into consideration in its proper perspective.

6. The Writ Petition is disposed of accordingly.

(Biraja Prasanna Satapathy) Judge Sneha