Allowed

Paresh Kumar Dwibedi v. State of Odisha

Orissa HC28 Sept 2021WP(C)/23992/2021

Case brief

AI extract

What is this about?

The High Court of Orissa allowed the petitioner's writ petition regarding an unavailable resolution and misapplication of law in an education department order. The court remitted the matter to the Commissioner-cum-Secretary and Director of Secondary Education for a common decision following a related earlier ruling.

What did the court decide?

Impugned order withdrawn; matter remitted to Commissioner-cum-Secretary and Director for common decision within two months.

Paresh Kumar Dwibedi Vs State of Odisha — Education and Admissions | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.23992 of 2021

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Paresh Kumar Dwibedi

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…. Petitioner Mr. A.K. Saa, Advocate

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-versus-

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State of Odisha & Ors.

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…. Opposite Parties Mr. S. Parida, Senior Standing Counsel assisted by Mr. D. Mohapatra, Standing Counsel

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CORAM: JUSTICE BISWANATH RATH ORDER 28.09.2021 1. For the decision of this Court already taken today in W.P.(C) No.23312 of 2020 along with two other writ petitions observing that there is mechanical disposal of the matter through the impugned order, more particularly keeping in view the observation made therein that the decision of the District Education Officer rested on an unavailable Resolution and in non-application of the settled position of law through the decision covering the case of the Petitioner(s) already at hand, further keeping in view the request of the learned Senior Standing Counsel that the Department wants to withdraw the impugned order therein for their own realization that there is not only wrong application of unavailable resolution but there is also no consideration of settled position of law, the impugned order involved herein is permitted to be withdrawn. The

Order No.

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observation made and direction issued in W.P.(C) No.23312 of 2020 along with two other writ petitions, since squarely covers the case at hand, are required to be followed.

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The writ petition succeeds, but as there is requirement for reconsideration of the issues, the matter is remitted to the Commissioner-cum-Secretary, School & Mass Education Department together with the Director of Secondary Education to consider the request of the Petitioner(s) strictly in terms of the direction contained in W.P.(C) No.23312 of 2020 along with two other writ petitions disposed of by this Court in today’s order and also the decisions referred to therein and by considering all the issues in a common decision.

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In order to avoid any further delay, learned Standing Counsel for the School & Mass Education Department is directed to communicate this order to the Commissioner-cumSecretary, School & Mass Education Department and the Director of Secondary Education along with copy of the order dated 28.09.2021 passed in W.P.(C) No.23312 of 2020 for their doing the needful within two months from such communication.

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The writ petition thus stands disposed of.

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(Biswanath Rath)

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Judge

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sisir

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Paresh Kumar Dwibedi v. State of Odisha

Case brief

What is this about?

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Paresh Kumar Dwibedi v. State of Odisha

Case brief

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