Susanta Kumar Dash v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) No. 14501 of 2022 Susanta Kumar Dash ....

Petitioner Mr. K.K. Swain, Advocate - Versus - State of Odisha and Another ....

Opposite Parties Mr. S.S. Mohapatra, ASC

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

17.06.2022 Order No.

1.

This matter is taken up through hybrid mode.

1.

2.

Heard learned counsel for the petitioner and learned counsel for the State.

3.

The petitioner has approached this Court seeking the following relief :- "A writ of mandamus or an appropriate writ may be issued commanding the opposite parties more particularly opposite party No. 1 to act upon the recommendation/ suggestion of the Standing Committee of Odisha Legislative Assembly to take into consideration the 2001 Census instead of 2011 Census and also keeping in view the letter dated 26.04.2021 of the Deputy Secretary to State Government in Higher Education Department, Bhubaneswar under Annexure:10 so that the mistake/error crept in the Grant-in-Aid order, 2014 more particularly in Order-3 (2) (1) (e) of the said Grant-in-Aid Order, 2014 can be corrected so as to bring the petitioner under the coverage of Grant-in-Aid Order, 2014 as after rectification of

the aforesaid mistake/error, Kalahandi District will come under the educationally backward district, within a time to be stipulated by this Hon'ble Court."

4.

It is submitted that despite recommendations made in the third report of the Departmentally Related Standing Committee-IV, 2020-21, relating to consideration of 2001 Census instead of 2011 Census, the Government in Higher Education Department is yet to take a decision. Ventilating the self-same grievance, the petitioner has approached the Principal Secretary to the Higher Education Department by submitting a representation on 22.12.2012 which is enclosed as Annexure-11 to the Writ Petition. 5.

Since the Government in Higher Education Department is to take a decision at the first instance, without expressing any opinion on the merits of the case, the Writ Petition is disposed of with a direction to Opposite Party No.1 to do the needful on the representation so submitted within a period of four weeks from the date of production of copy of this order.

6.

Issue urgent certified copy as per rules.

(Sashikanta Mishra, J) Vacation Judge B. Swain