Allowed

Bichitrananda Senapati v. State of Odisha

Orissa HC22 Jun 2016WP(C)/9935/2016

Case brief

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What is this about?

The High Court held that the respondent cannot withhold examination results on mere administrative grounds when prior court orders remain unchallenged. The Court directed the controller to publish specific roll number results within seven days.

What did the court decide?

The Controller of Examination is directed to publish the results of the specified students within seven days of receiving the copy of this order.

The petitioner, who is at present functioning as the Principal In-Charge of Jateswar D ev College of Education and Vocational, Sagada, Nimapara in the district of Puri, has approach ed the portal of this Court as a last resort seeking a direction to opposite parties 2 and 3 t o publish the result of Annual CHSE Examination, 2016 of the students of the said college bear ing Roll Number from 152 MC 140 to 152 MC 192.

This case has a chequered history. Earlier the petitioner filed a writ applica tion, being W.P.(C) No.18937 of 2015, before this Court praying inter alia to quash the letter no.7735 dated 14.10.2015 issued by the Controller of Examination, Council of Higher Secondary Education, Odisha-opposite party no.4 vide Annexure-7 cancelling the office letter no.7623 da ted 8.10.2015. By order dated 9.11.2015, a Bench of this Court disposed of the said writ appli cation. The operative part of the said order is quoted hereunder:-

In that view of the matter, the order dated 14.10.2015 vide Annexure-7 is hereby quash ed and the matter is remitted back to the opposite party nos.3 and 4 for reconsideration of th e same in accordance with law. Needless to say that in the event the petitioner succeeded in t he matter and possesses the user ID in compliance to Annexure-3, in that case even if the last date of filling up forms is over, the Council shall take appropriate steps to allow the stude nts to be presented by the petitioner to appear in the examination for the session 2016.

order dated 19.2.2016 passed an interim order to the effect that the petitioner shall appear b efore the Council along with all relevant documents on 23rd February, 2016, who shall permit t he students to appear the examination scheduled to be held on 2.3.2016 in accordance with law. Pursuant to the interim order passed in the contempt petition, students of the petitioners in stitution have been allowed to appear in the examination.

An additional affidavit has been filed by the opposite parties 2 and 3. It is stated that pursuant to the order dated 19.2.2016 passed by this Court in CONTC No.57 of 2016, 77 students have been allowed to appear in the Annual CHSE Examination, 2016. It is further s tated that opposite party no.3 by its letter no.3268 dated 18.6.2016 has requested the Additio nal Secretary to Government Department of Higher Education, Odisha, Bhubaneswar for taking nec essary steps in the matter to accord permission for excess admission beyond sanctioned strengt h presented by Mr.B.N.Senapati, who had been issued user ID and Password vide letter no.2985 dated 6.2.2016. Result of the students has been withheld due to non-receipt of permission from the Government.

One thing is crystal clear that the orders passed by this Court in W.P.(C) No. 18937 of 2015 and CONTC No.57 of 2016 have not been challenged by the opposite parties and ha ve attained finality. The opposite party no.3 cannot withhold the result of the students on je june grounds.

Examination, Council of Higher Secondary Education, Odisha, Bhubaneswar is directed to publish the result of the students within period of seven days from the date of receipt of copy of th is order.

Bichitrananda Senapati v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bichitrananda Senapati v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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