This court disposed of a writ petition challenging the cancellation of the petitioner's admission due to an alleged fraudulent transfer certificate, citing the insufficiency of evidence and the passage of eight years making the petition infructuous.
The petitioner's writ petition stands disposed of as infructuous.
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W.P.(C) No. 17497 of 2012
Due to cease work call given by Orissa High Court Bar Association, none appears for the parties. Perused the record.
The petitioner has filed this application seeking to quash the order dated 28.08.2012 communicated the Government S.T. School, Remuli under Annexure-2 and further seeks for a direction to the opposite parties to permit her to appear in the Annual C.T. examination to be conducted in the year 2012.
The petitioner pleaded in the writ petition that she had completed the 1st year course and admitted in C.T. examination during the year 2010, but she failed in that examination. Thereafter, she filled up the form to appear the compartmental examination in the year 2011, but due to her ailment, she could not appear in the said examination. Thereafter, vide order dated 28.08.2012, the petitioner has been communicated with regard to cancellation of her admission into 2nd year C.T. course during the year 2009-10, as a result of which she is unable to appear in the ensuing C.T. examination, which is subject matter of challenge in the present application.
On being noticed dated 24.09.2012, the opposite parties have entered appearance and filed counter affidavit stating inter alia that the petitioner was selected as a regular candidate to take admission
in Government S.T. school during the session 2008-10 and she completed the said course in the year 2010. Thereafter, she admitted in the annual C.T. course but she failed to appear in the said examination. Though she filled up the forms to appear the examination on compartmental, due to her ailments she could not appear in the examination. Thereafter the petitioner received a communication on 28.08.2012 cancelling her admission for the year 2009-10 session at Government S.T. school in Remuli, Keonjhar. The reasons for such cancellation is based on a letter dated 08.08.2012 issued by the Director wherein it has been stated that the petitioner has been admitted in second year CT course for the session 2009-10 at S.T. school, Remuli on the basis of forged transfer order. Not only the petitioner but also three other candidates admission also cancelled in the said letter. Accordingly, communication was also made to the Board of Secondary Education for cancellation of result of the petitioner along with three others. Pursuant to the letter dated 08.08.2012 of the Director, the headmaster of the Government S.T. school cancelled the admission of the petitioner along with three others admitted in 2nd year CT course during the session 2009-10 vide letter dated 28.08.2012.
In view of the pleadings available on record, it appears that since the petitioner has produce the fraudulent transfer certificate to get herself admitted
into the CT course for the session 2008-10 and subsequently it was detected under inquiry, the admission was cancelled by following due procedure of law and otherwise also the petitioner could not pass the 1st year CT examination for the academic session 200809 and subsequently when she fill up the form on compartmental basis, she could not appear in the said examination. Therefore, the authorities are well justified in not allowing her to appear in the said examination and more so, the admission of the petitioner is being made on a fraudulent transfer certificate, therefore the writ petition has no merit. Apart from the same, since the academic session 200810 has already been over and in the meantime 8 years have been passed, with efflux of time the writ petition has become infructuous.
Accordingly, the writ petition stands disposed of as infructuous.
Ashok
…………….…………… (DR. B.R. SARANGI) JUDGE
1 issue framed by the court
Whether the writ petition seeking cancellation of admission on grounds of fraud and efflux of time stands disposed of as infructuous.
Petitioner
Director, Government S.T. School, Remuli / Board of Secondary Education / Headmaster
Dr. B.R. Sarangi
As recorded by the court registry
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