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Orissa High CourtWPC(OA)/774/2013disposed off

Sasmita Mishra v. State Of Odisha

2022-02-28Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OA) No.774 of 2013 Sasmit Mishra ....

Petitioner Mr.P.K.Mohapatra, Advocate -versusState of Odisha & others ....

Opp.Parties Mr.S.N.Mohapatra, Standing Counsel for S & ME.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

28.02.2022 01.

1.

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

2.

Heard learned counsel for the Petitioner and the learned Standing Counsel for School & Mass Education Department. 3.

Learned Standing Counsel for School & Mass Education Department submits that the matter has become infructuous by passage of time. However, learned counsel for the Petitioner submits that there is an interim order passed by the learned Tribunal whereby she was allowed to participate in the recruitment/selection test subject to fulfillment of elementary qualification prescribed in Resolution No.52454 dated 30.11.1990 and further the Tribunal directed not to declare the result without leave of the Tribunal. 4.

In such view of the matter, it is open for the department to take a decision in the matter and in the event the Petitioner had appeared in the selection and she has eligible criteria and the result may be declared. Further, in the event she has not appeared or does

// 2 // not have any required qualification, it is for the Petitioner to file a fresh representation before the authority taking all the grounds available to her along with supporting documents within a period of two weeks from today along with certified copy of this order. In the event such a representation is filed within the aforesaid period, the same shall be considered within a period of two months from the date of filing such representation.

5.

This Court has not expressed any opinion on the merits of the case.

6.

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

RKS ( A.K. Mohapatra ) Judge