Orissa High Court
Basudev Guru & Ors vs State Of Odisha & Ors on 12 September, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.16810 of 2016
Basudev Guru & Ors. ..... Petitioners
Mr.S.K. Das, Advocate
Vs.
State of Odisha & Ors. ..... Opposite Parties
Mr. G.N. Rout, ASC
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
12.09.2023
Order No. This matter is taken up through hybrid mode.
05.
2. This matter is on board to-day and has been listed as a sub
item along with W.P.(C) No.41852 of 2021, which has been
specifically assigned to this bench, as a coordinate bench refused to
take up the said matter because of the reason assigned vide order
date 23.08.2023 passed in the said case.
3. On perusal of case record, it is ascertained that this writ
petition was disposed of by coordinate Bench vide judgment dated
18.12.2018. However, the said judgment passed by the coordinate
Bench was challenged in W.A. Nos.115 of 2019 and 476 of 2020 by
the Appellants, who were not party to this writ petition. The first
division Bench set aside the impugned judgment dated 13.12.2021
passed in this writ petition and remanded the matter to be placed
before the roster Bench. Paragraphs 11 to 14 of the said order are
extracted below:-
"11. For the aforesaid reasons, the impugned
order of the learned single Judge is hereby set
aside and W.P.(C) No.16180 of 2016 is restored
to file to the learned single Judge. It will be
listed on 1st February, 2022 before the roster
Bench.
12. It is made clear that the present
Appellants in both the appeals will stand
impleaded in the said writ petition as Opposite
Parties. It is the responsibility of the Petitioners
in the writ petition, W.P.(C) No.16180 of 2016,
to file consolidated cause title in the said
petition by the aforementioned date. By the
aforementioned date, it would be open to the
present Appellants to file their respective
parawise replies to the said writ petition.
13. The writ petition shall be listed before
the roaster bench of the learned single Judge for
directions on 7th of February, 2022, by which
time, rejoinder, if any, to the counter affidavits
be filed. No further time will be granted to any
of the parties for the above purpose. The learned
single Judge is requested to make endeavor to
finally dispose of the writ petition, after hearing
the parties, within a period of four months
thereafter. The said writ petition will be listed
along with WPC(OAC) No.15867 of 2016 and
WPC(OAC) NO.2796 of 2016.
14. This Court further directs that status
quo as on today be maintained by all parties till
disposal of the aforesaid writ petition. The
appeals are disposed of. An urgent certified
copy of this order be issued as per Rules."
(Emphasis Supplied)
4. Though there is a direction by the first division Bench in
W.A. Nos.115 of 2019 & 476 of 2020 to list W.P.(C) No.16810 of
2016 along with W.P.C (OAC) No.15867 of 2016 so also W.P.C
(OAC) No.2796 of 2016, the same are not on board. However, Mr.
N.C. Das, learned Counsel for the Intervenor in W.P.(C) No.18225
of 2023, hands up copies of the order passed in W.P.C (OA)
No.1587 of 2016 so also W.P.C (OAC) No.2796 of 2016 and
submits, W.P.C (OA) No.1587 of 2016 preferred by his clients has
been disposed of in the meantime vide order dated 26.06.2023.
5. Mr. Das further submits, the coordinate Bench directed the
authority concerned to take consequential action in the matter by
providing appointment to his clients as against the available
vacancies within a period of one month from the date of receipt of
the said order, where as W.P.C (OAC) No.2796 of 2016 preferred
by the present Writ Petitioners, who are also the Petitioners in
W.P.(C) No.18225 of 2023, has been withdrawn vide order dated
19.07.2023 on the ground that the selfsame issue is now pending
before this Court in W.P.(C) No.18225 of 2023.
6. It is further ascertained from the record that though a direction
was given to file consolidated cause title impleading the Appellants
in W.A. Nos. 115 of 2019 and 476 of 2020 as Opposite Parties to
this Writ Petition, the same is yet to be filed.
7. Mr. Das, learned Counsel for the Petitioner submits, the
consolidated cause title in terms of the direction given by the first
division Bench has been filed since long after serving copy of the
same on learned State Counsel, who admits to have received copy of
the same. However, Mr. Das is unable to say as to when the same
was filed or show any receipt issued by the Registry acknowledging
filing of the consolidated cause in this Writ Petition. Learned
Counsel for the private Opposite Parties submit, they are yet to
receive copy of the said consolidated cause title.
8. Though there was a direction by the first Division Bench to
list the matter on 07.02.2022 and to complete the pleadings by the
said date, the Counter Affidavit has been filed by one Barida Baran
Das on 04.02.2022, whereas the Counter Affidavit has been filed by
the newly added Opposite Party Nos.6 to 11 on 15.03.2023, which
ought to have been filed by 1st February, 2022 in terms of the order
passed in W.A. Nos. 115 of 2019 and 476 of 2020. Similarly, because
of late filing of Counter affidavits, the Petitioners have filed their
Rejoinder Affidavit on 24.03.2023, which are indisputably much
after the deadline fixed by the first Division Bench for completion of
the pleadings i.e. 07.02.2022. Admittedly, the parties have filed their
pleadings, as detailed above, without moving any application before
the first Division Bench in W.A. Nos. 115 of 2019 and 476 of 2020
for modification of the direction given by the said Bench or for
extension of time for completion of the pleadings.
9. In this Writ Petition a prayer has been made to quash the
order dated 12.07.2016 of the C.H.S.E., Odisha, vide which the
Secretary, C.H.S.E issued a clarificatory letter to the Collector &
District Magistrate, Jagatsinghpur regarding bar for appearing in +2
Vocational/Science Examination after appearing +2 H.S.
Examination in +2 Arts/Science/Commerce stream, which does not
fall under the assignment of this Court. However, Mr Das, learned
counsel for the Petitioner submits, the issue involved in this Writ
Petition is a service matter pertaining to Educational Institution and
falls under Entry Number -2 in the present assignment list of
Hon'ble Mr. Justice V. Narasingh.
10. It may not be out of place to mention here that the First
Division Bench, vide its order dated 18.12 2021 passed in W.A.
Nos.115 of 2019 and 476 of 2020, ordered to list matter on 1st
February, 2022 before the roster Bench.
11. In view of the above, matter is released from the list, to be
listed before the roster beach having assignment. Registry is to
examine and act for listing of the matter in terms of the Judgment
passed in W.A. Nos.115 of 2019 and 476 of 2020, as detailed above.
(S.K.MISHRA)
JUDGE
Banita
Signature Not Verified
Digitally Signed
Signed by: BANITA PRIYADARSHINI PALEI
Designation: JUNIOR STENOGRAPHER
Reason: AUTHENICATION
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 18-Sep-2023 17:15:01
