Abani Kumar Gaya v. State of Odisha
Case brief
What is this about?
A social worker filed a PIL challenging the merger of OJTS, Berhampur with MGAP & CS, Bhubaneswar. The court found non-compliance with PIT rules. The petition was withdrawn with liberty to pursue remedy through appropriate representation.
What did the court decide?
Petition withdrawn with liberty to move a representation to the Commissioner-cum-Principal Secretary, Home Department, Odisha.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(C) No. 18034 of 2020
- 13.08.2020
This matter is taken up through video conferencing.
Heard Mr. B.K. Routray, learned counsel for the petitioner and learned Addl. Government Advocate appearing for the State opposite parties.
The petitioner describing himself as a social worker and public spirited person, who is always concerned with welfare of the masses, especially backward, downtrodden and the people below the poverty line, has filed this application by way of public interest litigation seeking to quash the order no. 10321 dated 29.02.2020 of the Government of Odisha, Home Department under Annexure-1 regarding merger of OJTS, Berhampur with MGAP & CS, Jamujhari, Bhubaneswar.
The factual matrix of the case, in hand, is that the Odisha Jail Training School (OJTS), Berhampur, Ganjam was established on 20.03.1984 covering an area of 13 acres in order to improve the jail administration and management by the professionally skilled prisons’ staff. The institution is well connected by rail and roadways having all infrastructures therein. But the Government vide letter no.10321/JAIL, Bahubaneswar dated 29.02.2020 intimated to merge OJTS, Berhampur with the new institution, Mahatma Gandhi Academy of Prisons & Correctional Services (MGAP & CS), Bhubaneswar. Hence this application.
Mr. B.K. Routray, learned counsel appearing for the petitioner contended that OJTS, Berhampur is the only institution in southern Odisha and as such, shifting of such institution and merging with MGAP & CS, Bhubaneswar will cause immense difficulties.
Issues for consideration
1 issue framed by the court
Whether the writ petition is premature due to non-compliance of Rule-8 of the Orissa High Court Public Interest Litigation Rules, 2020.
Parties & counsel
- petitioner
Social Worker
- respondent
State of Odisha
Coram
Mohammad Rafiq
Case details
As recorded by the court registry
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