Ajit Kumar Mohapatra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OA) No. 1657 of 2014 Ajit Kumar Mohapatra & others ....

Petitioners None -versusState of Odisha & others ....

Opp. Parties Mr. R.C. Pattnaik, Standing Counsel (School and Mass Education)

CORAM:

JUSTICE M.S. SAHOO Order No.

ORDER

26.10.2022 02.

1.

This matter is taken up through hybrid mode.

RJ 2.

The writ petition has been registered before this Court on 17.08.2021 after the Original Application was transferred from the learned Odisha Administrative Tribunal, Principal Bench, Bhubaneswar upon abolition.

3.

On perusal of the available order sheets of the learned Tribunal, it is indicated that notice on admission was issued on 12.08.2014 directing to file counter within four weeks and rejoinder was to be filed within two weeks thereafter. The matter was not taken up/pursued after 05.01.2017.

4.

None appears for the petitioner when the matter is called.

5.

The O.A. was filed challenging the amendment of the Odisha Elementary Education (method of Recruitment and Conditions of Service of Teachers and

// 2 // Officers) Amendment Rules, 2014 so far as it related to exclusion of the Level-IV Headmasters with C.T. qualification for consideration for promotion to the post of Level-III Headmasters confining the zone of consideration only to the Level-IV Headmasters with B.Ed. qualification.

6.

It is submitted by the learned Standing Counsel for the School and Mass Education Deparment that during pendency of the O.A., the subsequent developments have been taken place rendering the matter infructuous.

7.

Learned Standing Counsel for the School and Mass Education Department further refers to the counter filed before the learned Tribunal dated 20.01.2016 and submits that the amendment brought into force in 2014, is sync with the Right of Children to Free and Compulsory Education Act, 2009 and the corresponding Rules made by the State of Odisha, 2010 and in fact it is for implementation of the said Act and Rules, therefore cannot be faulted with.

8.

Having heard learned Standing Counsel, the writ petition is disposed of granting liberty to the petitioners to revive the petition within sixty days for any surviving cause of action.

(M.S. Sahoo) Judge