Disposed

Rajat Kumar Mohanta v. State of Odisha

Orissa HC13 Sept 2023WP(C)/29227/2023

Case brief

AI extract

What is this about?

Petitioner sought mandamus in his education transfer. Single Judge disposed of the writ petition by directing the Director to decide on the petitioner's transfer representation on medical grounds within 10 days and the school to issue the transfer certificate forthwith upon decision.

What did the court decide?

Direction to Director, School and Mass Education Department, Bhubaneswar (Opposite Party No.2) to decide on petitioner's representation for transfer on medical grounds within 10 days. Direction to Opp

Rajat Kumar Mohanta Vs State of Odisha — Education and Admissions | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.29227 of 2023

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Rajat Kumar Mohanta

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…. Petitioner Mr. Aurovinda Mohanty, Advocate

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-versus-

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The State of Odisha & others

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…. Opposite Parties Mr.P.C.Das, A.G.A.

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CORAM:

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JUSTICE A.K. MOHAPATRA

ORDER

Order No.

13.09.2023

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Heard learned counsel appearing for the petitioner as well as learned Addl. Standing Counsel for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto.

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The present writ application has been filed by the Petitioner with the following prayer:-

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“It is, therefore, most respectfully prayed that, let this Hon’ble Court may be graciously be pleased to allow this Writ Petition and issue writ of mandamus, directing the Opposite Party No.2 as well as Opposite Party No.5 to issue transfer certificate in favour of the Petitioner for taking admission in +2 Second Year Science for the session 2023-24 in Class-XII, in Opposite Party No.6-College within a stipulated period as this Hon’ble Court deems just and proper in the interest of justice.

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And/ or further be pleased to pass any other order/ orders, direction/directions as this Hon’ble Court deems just fit and proper in the facts and circumstances of the

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present case;”

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It is stated by learned counsel for the petitioner that seeking transfer from Odisha Science Higher Secondary School, Choudwar to Cuttack College, Cuttack the Petitioner had approached the Deputy Director, SAMS, Dept. of School & Mass Education, Bhubaneswar by filing a representation on 20.07.2023 under Annexure-5 to the writ application. He further submitted that although similar applications in respect of other similarly placed students have been considered and allowed on medical ground, so far the present petitioner is concerned, no decision has been taken and the same has not been communicated to the petitioner. In such view of the matter, learned counsel for the Petitioner submitted that the Opposite Party No.2 be directed to take a decision on the representation of the petitioner and the final decision be uploaded in the SAMS portal.

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Learned Additional Standing Counsel on the other hand submitted that since the Petitioner has approached the Opposite Party No.2 for consideration of his transfer from Opposite Party No.5 to Opposite Party No.6-Cuttack College, let the Opposite Party No.2 to take a decision on such representation of the Petitioner keeping in view the medical ground of the Petitioner within a stipulated period of time and he will have no objection to the same.

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Considering the submission made by the learned counsels appearing for the respective parties and on a careful examination of the background facts of the present case, this Court deems it proper to dispose of the writ application by directing the Director, School and Mass Education Department, Bhubaneswar- Opposite Party No.2 to take a decision on the representation of the petitioner within 10 days from today and such final decision be uploaded in the SAMS portal of the Govt. of Odisha. It is further directed that in the event, the

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transfer is allowed as has been done in the case of similarly situated other students, the Opposite Party No.5 shall immediately provide the Transfer Certificate to the petitioner within two weeks from the date of communication of the decision of the Opposite Party No.2.

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With the aforesaid observations/ directions, the writ application stands disposed of.

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Issue urgent certified copy of this order as per Rules.

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( A.K. Mohapatra )

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Judge

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RKS

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Signature Not Verified

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Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: Ex-A.R.-cum-Sr. Secretary Reason: Authentication Location: High Court of Orissa Date: 21-Sep-2023 12:12:17

Rajat Kumar Mohanta v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rajat Kumar Mohanta v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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