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Shankar Mishra v. State of Orissa

Orissa HC11 Aug 2016WP(C)/10409/2016

Case brief

AI extract

What is this about?

A writ petition filed seeking a direction to opposite parties to round off petitioner's marks to 54% for departmental approval. The court followed a precedent and disposed of the petition directing opposite party no. 2 to consider the case within three months.

What did the court decide?

The petitioner was directed to be considered as per the Government circular, with Opposite Party No. 2 to act within three months.

Shankar Mishra Vs State of Orissa — Education and Admissions | Orissa HC (2016)

¶1

W.P.(C) NO. 10409 OF 2016

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02. 11.08.2016 Heard Mr. K.K. Swain, learned counsel for the petition

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er.

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 The petitioner has filed this writ petition seeking for a direction to
 opposite party no. 1 and 2 round off the percentage of his marks, i.e. 53.75% in Masters Degr
ee Examination to 54% in consonance with the circular issued by the Government of Orissa in Ed
ucation and Youth Services Department vide letter No. 32578(2)-III-E/A-55/89-EYS dated 25.07.1
989 and to approve his appointment in the post of Lecturer in English in Kalinga Bharati Sankr
it College, Balichandrapur in the district of Jajpur.

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 Learned counsel for the petitioner submits that this Court in a simila
r circumstances in the case of Kabita Dhal Vrs. State of Orissa and Others; 2014(I) ILR-CUT-11
68 has already held that as per the Government circular dated 25.07.1989 in Education & Youth
Services Department, the candidates who have secured 54.6% of marks or more but below 55% at t
he M.A. examination, the same should be rounded off to 55% and therefore, applying the ratio
of the said case, the petitioners case should be considered.

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 Mr. A.K. Mishra, learned Additional Govt. Advocate submits that let th
e authorities apply their mind and pass appropriate order in the light of the aforesaid judgme
nt.

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 In that view of the matter, this Court disposes of the writ petition d
irecting the opposite party no. 2 to consider the case of the petitioner as made in Annexure -
6 in the light of the judgment passed by this Court in case of Kabita Dhal (supra) within a pe
riod of three months from the date of communication of this order.
 Let a copy of this order along with a copy of the writ petition and a
copy of the judgment passed in Kabita Dhal (supra) be communicated to opposite party no. 2 who
 shall act upon the same.

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 Urgent certified copy of the order be granted on proper application.

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Narayan

¶10

// 2 //

Shankar Mishra v. State of Orissa

Case brief

What is this about?

What did the court decide?

Shankar Mishra v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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