Madhusudan Dash & Ors vs State Of Odisha & Ors
2023 Latest Caselaw 11275 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                           W.P.(C) No. 27453 of 2021

        Madhusudan Dash & Ors.                    ....                Petitioners
                                                               Dr. P. Chuli, Advocate

                                                 -versus-

        State of Odisha & Ors.                    ....                Opposite Parties
                                                                  Mr. R.N. Mishra, AGA

                            CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                             ORDER

14.09.2023 Order No

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

2. Heard Dr. P. Chuli, learned counsel for the Petitioners and Mr. R.N. Mishra, learned Addl. Govt. Advocate appearing for the Opp. Parties.

3. The Petitioners have filed the present writ petition inter alia with the following prayer:-

"In view of the aforesaid hats and circumstances this Home Court may be graciously be pleased to:

i. Admit the writ application.

ii. Call for record.

iii. Issue RULE NISI calling upon the opposite parties to show cause as to why the resolution dated 13.07 2021 under Annexure-3 issued by Opp No.1 Principal Secretary, School and Mass Education Department in so far as the qualification for PET as provided in Appendic-1 and the consequential Notification dated 13 08 2021 issued by opp. party No 2 Director. Secondary Education, Odisha under Annexure-4 in so far as the qualification meant for PET in Secondary Schools in Sub-Clause-(B) of Clause (5) of the said advertisement/notification shall not be quashed;

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iv. If the opposite parties fail to show cause or show insufficient cause, issue a writ in the nature of certiorari by quashing the resolution dated 13.07.2021 under Annexure-3 issued by Opp No 1 in so far as the qualification for PET as provided in Appendix-1 and the consequential Advertisement/Notification dated 13.08 2021 issued by opp No.2 under Annexure-4 in so far as the qualification meant for PET in Secondary Schools in Sub-Clause-(B) of Clause- (5);

v. Issue a writ in the nature of mandamus or any other writ/writs direction/directions directing the opposite parties particularly opposite party no 2 to accept and consider the candidature of the petitioners in terms of the minimum education qualification prescribed by the NCTE vide notification dated 12.11.2014 under Annexure- for recruitment to the post of PET in Government Secondary Schools pursuant to the notification dated 13.08.2021 under Annexure-4,

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

4. It is contended that the issue involved in the present case is covered by a decision of this Court vide Judgment dtd.12.05.2023 in W.P.(C) No. 26818 of 2021.

5. Mr. R.N. Mishra, learned Addl. Govt. Advocate also accepts the submission made by Dr. Chuli, learned counsel for the Petitioners.

6. In view of such submissions made by the learned counsel appearing for the Parties, the present writ petition is disposed of in the light of the Judgment so passed in W.P.(C) No. 26818 of 2021.

(Biraja Prasanna Satapathy) Judge Sneha Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 15-Sep-2023 17:08:09