ORDER 10.12.2004 — The petitioner calls in question the rejection of her application and denying admission to C.T. Course for the academic session 2004-05 as illegal and arbitrary. The petitioner’s case in brief is that she is a graduate in science and belongs to S.E.B.C. category and a permanent resi¬dent of Raighar in the district of Nawarangpur. She is the eldest daughter of one Sukadev Swain, who was appointed as a primary school teacher in undivided district of Koraput since 13.11.1969. Sri Sukadev Swain, the father of the petitioner is continuing as a primary school teacher in U.P. School, Karanpadar under Umerkote Education District within the jurisdiction of Tahasildar, Umerkote and he is a government servant. The peti¬tioner’s father even though originally hails from Marshaghai in the district of Kendrapara, has been permanently settled with landed property and residence at Kodabhata (Raighar) in the district of Nawarangpur on account of his service as a government servant under the administrative control of the Inspector of Schools, Umerkote. The petitioner has studied in Block Colony Primary School at Raighar, completed her schooling in Government Harizan and Tribal Welfare High School, Raighar and passed the Annual High School Certificate Examination from there. The peti¬tioner made an application for admission to the C.T. Course for the session 2003-04 in response to the advertisement issued by the Director, T.E. & S.C.E.R.T., but she has been denied the admission on the ground of her residential status. Hence, the writ petition. The opposite parties have not filed any counter affidavit denying the claim of the petitioner in spite of the order dated 9.11.2004 and 2.12.2004. However, it is submitted by the learned Standing Counsel for the School and Mass Education Department that since the admissions are made districtwise, the permanent residential district and not the ordinary residential district of the candidate has to be taken into account in regard to domicile in terms of Clause-4.2 of the “Prospectus and Guidelines for admission for fresh candidates to C.T. Course” and the petitioner being a permanent resident of Marshaghai in the revenue district of Kendrapara, is not eligible to be admitted on the ground of domicile even though she is otherwise eligible to be admitted. The sole question for determination is as to whether the petitioner has rightly been denied the admission on the ground that she is not a permanent resident of the district of Koraput. The sole question for determination is as to whether the petitioner has rightly been denied the admission on the ground that she is not a permanent resident of the district of Koraput. Clause-4.2 of the prospectus and guidelines for admission reads thus : “4.2 Domicile: The candidates except the OOT category must be the natives/permanent residents of Orissa. To that effect each candidates shall furnish, along with his/her application form, a permanent residential/nativity certificate in the prescribed form. (Form No.III) issued in favour of him/her by the Tahasil¬dar/Additional Tahasildar (after creation of new districts) of the area where he/she is a permanent resident. The permanent residential/nativity certificate issued by the Revenue Officer other than the Tahasildar/Additional Tahasildar of the permanent resident area of the candidate shall not be accepted. Since the selection of candidates is made district-wise, the permanent residential district (not the ordinary residential district) of the candidates shall be taken into account in this regard.” The petitioner, even though originally belongs to Marshaghai in the district of Kendrapara, she is born in the district of Kora¬put and her father has been serving as a government servant in the capacity of a primary school teacher in the undivided district of Koraput since 1969. The Tahasildar, Umerkote in his letter dated 17.7.2003, copy of which is Annexure-8, has certified that the petitioner, Sanghamitra Swain, D/o. Sukadev Swain is a native of Kendrapara and her family ordinarily resides in Raighar (Kadabhata) under Tahasildar, Umerkote in the district of Nawar¬angpur since 1985. Undisputedly, the petitioner’s father Sri Sukadev Swain is working as a primary school teacher in the dis¬trict of undivided district of Nawarangpur and is a government servant holding a transferable post and necessarily he is to reside along with his family in the place/places of his posting. In addition, the petitioner is born in 1980 in the undivided district of Koraput, where her father is serving. In such situation, in our considered opinion, the stipula¬tion of permanent residential district as contended by the learned Standing Counsel for the School and Mass Education De¬partment cannot be a bar for admission to the Course in the district where the petitioner’s father serves. In such situation, in our considered opinion, the stipula¬tion of permanent residential district as contended by the learned Standing Counsel for the School and Mass Education De¬partment cannot be a bar for admission to the Course in the district where the petitioner’s father serves. Moreover, the petitioner’s father has been serving as a primary school teacher in the undivided district of Koraput and presently in the dis¬trict of Nawarangpur since 1969 and the petitioner is born in 1980 at the place of service of her father. In such circumstances, in our considered opinion, the stipu¬lation of permanent residence in Clause-4.2 of the prospectus and guidelines for the year 2004-05 has to be read in the context and as such would have no application, so far as it relates to the children of a government servant serving in such districts for decades. A government servant holding a transferable post is not expected to live without his family nor it is expected that his family would reside in the native village and the government servant would stay at the place of his service alone. In such view of the matter, undisputedly the petitioner’s father along with her having resided in the concerned district for more than three decades, she could not have been denied admission on the ground of residential status in terms of the prospectus. In such view of the matter, we allow the writ petition and direct the opposite parties, more particularly opposite party No.2, the D.I.E.T., Koraput, Jeypore to admit the petitioner to the C.T. Course, if she is otherwise found eligible to be admit¬ted to the course within a week hence. The writ petition as well as the misc. case No.10,029 of 2004 stand disposed of accordingly. Urgent certified copy of the order be granted on proper application. Petition disposed of.