Allowed

Babulal Swain v. State of Odisha

Orissa HC28 Sept 2021WP(C)/53/2021

Case brief

AI extract

What is this about?

The High Court allowed the writ petition against an impugned order relating to school education matters. Observing mechanical disposal and misapplication of law based on case W.P.(C) No.23312 of 2020, the order was permitted to be withdrawn, and the matter was remitted to the Department for a common decision reconsidering the petitioner's request in terms of settled law.

What did the court decide?

Permission to withdraw impugned order and remand matter to Commissioner-cum-Secretary and Director for common reconsideration based on settled law.

Babulal Swain Vs State of Odisha — Service and Employment | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.53 of 2021

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Babulal Swain

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…. Petitioner Mr. D.N. Rath, Advocate

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-versus-

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State of Odisha & Ors. …. 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but there is also no consideration of settled position of law, the impugned order involved herein is permitted to be withdrawn.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 today 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, School & Mass Education Department 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 the order to the Commissioner-cumSecretary, School & Mass Education Department and the Director, School & Mass Education Department along with copy of the order 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) Judge

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sisir

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Babulal Swain v. State of Odisha

Case brief

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Babulal Swain v. State of Odisha

Case brief

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