Somanath Behera Vs Union of India — Orissa HC (2025) — LawSathi Research

Somanath Behera Vs Union of India — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the Petitioner to file a fresh representation before Opposite Party No.2 within two weeks; Opposite Party No.2 to consider and dispose of the representation in accordance with law and Rules within six weeks by a reasoned and speaking order, and communicate the final decision to the Petitioner within two weeks thereafter.

Issue for consideration

Whether, given the inaction of the Opposite Parties on the Petitioner's application dated 05.04.2024 and representation dated 05.12.2024 seeking verification of, and a copy of, his answer sheet of the Probationary Officers/Management Trainees recruitment examination, the Court should direct Opposite Party No.2 to consider the Petitioner's pending representation.

Court's answer

This Court disposed of the Writ Petition at the stage of admission, granting the Petitioner liberty to approach Opposite Party No.2 afresh by filing a representation taking therein all the grounds available to him, within two weeks.

Ratio / Principle

Upon filing of such representation, Opposite Party No.2 shall consider and dispose of it in accordance with law and Rules within a period of six weeks from the date of filing, and shall pass a reasoned and speaking order.

Key takeaways

The final decision so taken by Opposite Party No.2 is to be communicated to the Petitioner within a period of two weeks from the date of taking such decision.ratio¶28

Detailed headnote1 paragraphs

Orissa High Court, WP(C) No.540 of 2025, decided 04.02.2025 (Aditya Kumar Mohapatra, J.) — Somanath Behera v. Union of India & Anr. — Recruitment examination (year 2025-26) for Probationary Officers and Management Trainees conducted through IBPS — Petitioner alleged his answer papers were not evaluated properly; his application dated 05.04.2024 for verification of answer sheet and representation dated 05.12.2024 (Annexure-3) seeking a copy of the answer sheet were not considered — Writ petition disposed of at the stage of admission: Petitioner granted liberty to file a fresh representation before Opposite Party No.2 within two weeks; Opposite Party No.2 to consider and dispose of the representation in accordance with law and Rules within six weeks, passing a reasoned and speaking order, and to communicate the final decision to the Petitioner within two weeks of taking it.

IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.540 of 2025

Somanath Behera

.....

Petitioner

Represented By Adv. - Dolagobinda Mohapatra

-versus-

1) Union Of India

The Director Cum Member Secy., Governing Board, Institute Of Banking Personel Selection Ibps, Mumba

.....

Opposite Parties

Represented By Adv. – Mr.U.C.Jena, ASC

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

04.02.2025

Order No.

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

Heard learned counsel for the Petitioner as well as learned Deputy Solicitor General of India along with Mr.S.K.Samantaray, C.G.C. for the State-Opposite Parties. Perused the writ application as well as the documents annexed thereto.

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

“ ”

It is stated by the learned counsel for the Petitioner that being aggrieved by the inaction of the Opposite Parties in considering his application dated 05.04.2024 which was filed

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with a prayer for verification of answer sheet of the recruitment examination held in the year 2025-26 for appointment of Probationary Officers and Management Trainees, the Petitioner has approached this Court by filing the present Writ Petition. Further, it is contended that pursuant to the advertisement, the Petitioner appeared in the recruitment process, however the Petitioner detected that his answer papers have not been evaluated properly. He further contended that he submitted the representation on 05.12.2024 under Annexure-3 with the prayer to provide him a copy of answer sheet, however, the same has not been considered by the Opposite Party No.2. Being aggrieved by such inaction, the Petitioner has approached this Court by filing the present Writ Petition.

Learned D.S.G.I. on the other hand contended that he does not have any instruction in the matter. He further contended that in the event the representation of the Petitioner is still pending, he has no objection if this Court directs the Opposite Party No.2 to consider the grievance of the Petitioner within a stipulated period of time.

Considering the submissions of the learned counsels for the respective parties, on careful examination of the materials on record further keeping in view the limited nature of grievance, this Court deems it proper to dispose of the Writ Petition at the stage of admission by granting liberty to the Petitioner to approach the Opposite Party No.2 afresh by filing a representation taking therein all the grounds available to him within two weeks from today. In the event such a

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representation is filed before the Opposite Party no.2, the Opposite Party no.2 shall do well to consider and dispose of the same in accordance with law and Rules within a period of six weeks from the date of filing representation and pass a reasoned and speaking order. The final decision so taken be communicated to the Petitioner within a period of two weeks from the date of taking such decision.

With the aforesaid observation, the writ application stands disposed of.

Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra ) Judge

RKS

Signature Not Verified

Digitally Signed Page 3 of 3. Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 06-Feb-2025 11:59:14