State Of Odisha And Another vs Dhrutimaya Behera And Others
2025 Latest Caselaw 3135 Ori

Orissa High Court

State Of Odisha And Another vs Dhrutimaya Behera And Others on 30 January, 2025

Bench: Arindam Sinha, M.S. Sahoo

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   WA No.300 of 2024

            State of Odisha and another            ....            Appellants

                                                   Represented By Adv. -
                                                   Mr. Bimbisar Dash, AGA


                                        -versus-

            Dhrutimaya Behera and others           ....          Respondents
                                                    Represented By Adv. -
                                          Mr. S.P. Misra, Senior Advocate
                                          Mr. Ramdas Achary, Advocate
                                          Mr. B.K. Sharma, Senior Advocate


                                CORAM:
                  THE HON'BLE MR. JUSTICE ARINDAM SINHA,
                              ACTING CHIEF JUSTICE
                                           AND
                     THE HON'BLE MR. JUSTICE M.S. SAHOO
                                          ORDER

30.01.2025

Order No.

2. 1. Mr. Dash, learned advocate, Additional Government Advocate

appears on behalf of State and submits, State has preferred appeal

against review judgment dated 14th December, 2023 in respect of also

appealed against earlier judgment dated 24th February, 2023. Appeal

preferred against said earlier judgment dated 24th February, 2023 (WA

no.802 of 2023) has been dealt with this day. His client is aggrieved by

the review judgment. Thereby direction was made as cannot be

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sustained on modalities clauses 7(a) nor 8.6, considered by us in

dealing with WA no.802 of 2023.

2. Mr. Mishra and Mr. Sharma, learned senior advocates

respectively appear on behalf of respondents and proforma respondent.

They oppose the appeal.

3. Paragraphs 10 and 11 from our judgment made this day in WA

no.802 of 2023 are reproduced below.

"10. Mr. Misra hands up subsequent judgment dated 14th December, 2023 made by the learned single Judge on review. Paragraph-10 from the judgment is reproduced below.

"10. For the foregoing reasons therefore, the review application is allowed only to the extent of modifying the directions in paragraph-17(i) & (ii) of the judgment dtd.24.2.2023 in the following manner;

"the words „and the performance test‟ be added after the words CBT in Sl. No.(i) and the words „performance test and‟ be deleted in Sl. No.(ii)."

It appears from direction paragraph 10 in the review judgment that performance test as has been added, is to be taken into consideration for fixing cut off marks. Modalities clause-7(a) clearly provides for cut off marks

// 3 //

to be applied in the discretion of OAVS separately for CBT and for interview.

11. We reiterate confirmation of impugned judgment dated 24th February, 2023, particularly, in view of last preceding paragraph."

4. The appeal is treated as on day's list and in view of aforesaid,

allowed. Impugned review judgment is set aside. The appeal is

disposed of.

(Arindam Sinha) Acting Chief Justice

(M.S. Sahoo) Judge Sks/S.Behera