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2015 DIGILAW 27 (ORI)

Bikram Jena v. State of Odisha

2015-01-16

BISWAJIT MOHANTY, PRADIP MOHANTY

body2015
JUDGMENT : Biswajit Mohanty, J. This writ application has been filed by the petitioners with the following prayer; “The petitioners above named, therefore, pray that in the facts and circumstances of the case stated above, this Hon’ble Court may be pleased to admit the writ petition, call for the entire connected records from the opposite party no.2 relating to the Odisha Civil Services Preliminary Examination held in pursuance to Advertisement No.5 of 2011-12 and after hearing the parties, this Hon’ble Court may be pleased to allow the application and quash the second part of the impugned order under Annexure-2 directing to opposite party no.2 to calculate marks of candidates by eliminating the faulty questions and negative marking and the marks to be prorated to full mark and thereafter to prepare select list of the candidates for the Main Examination by issuing appropriate writ or writs, particularly writ of certiorari and allow the writ petition with exemplary cost and damages to be paid to the petitioners by opposite party no.2 and any other order or direction considered fit and proper in favour of the petitioners.” 2. The petitioners had filed P.P. No.54(C) of 2014 before the Odisha Administrative Tribunal, Cuttack Bench, Cuttack on 9.7.2014. In the said P.P. on 12.8.2014, the following order was passed; “5. 12.8.2014 Heard Mr. H.S. Mishra, ld. counsel for the applicant, Mr. H.K. Panigrahi, ld. Addl. Standing Counsel and Mr. S.B. Jena, ld. counsel for the OPSC. As prayed for by the ld. counsel for the OPSC, list this case on 20.8.2014 along with O.A. No.2146(C)/2014. (B.K. Dash) (Dr. S.N. Dash) Member (J) Acting Chairman.” 3. On 20.8.2014 vide order no.3 the said P.P. was disposed of and directed to be registered as O.A. Accordingly, the same was registered as O.A. No.2555(C) of 2014. Thereafter, vide order no.4 on the same date, i.e., 20.8.2014 the following order was passed by the leaned Tribunal in O.A. No.2555(C) of 2014; “4. S.N. Dash) Member (J) Acting Chairman.” 3. On 20.8.2014 vide order no.3 the said P.P. was disposed of and directed to be registered as O.A. Accordingly, the same was registered as O.A. No.2555(C) of 2014. Thereafter, vide order no.4 on the same date, i.e., 20.8.2014 the following order was passed by the leaned Tribunal in O.A. No.2555(C) of 2014; “4. 20.8.2014 O.A. No.2555(C)/2014 The applicants, who have appeared in the Odisha Civil Services Preliminary Examination pursuant to advertisement No.5 dated 2011-12 have filed this O.A. with a prayer to set aside Notice No.1839/PSC dated 1.5.2014 published by the respondent No.3 declaring the candidates therein to have been provisionally qualified for admission to Odisha Civil Services (Main) Examination (Annexure-5), so also quash the entire process of examination like setting up questions with preparation of model answers on the basis of observations and comments received from the students and published. It has also been prayed for a direction to freshly conduct the Odisha Civil Services Preliminary Examination. Heard Mr. H.K. Mishra, learned counsel for the applicants, Mr. R.K. Dash, learned Government Advocate and Mr. S.B. Jena, learned counsel for the OPSC. In course of hearing on the question of admission, Mr. S.B. Jena, learned counsel for OPSC submits that in a similar matter i.e. O.A.2146(C)/2014 in which OPSC has filed counter hearing has been closed and order reserved today. Since this O.A. is similar to O.A.2146(C)/2014, without issuing notice the present O.A. may be disposed of in terms of the order passed in O.A.2146(C)/2014. Mr. Mishra, leaned counsel has no objection to the above submission made by the learned counsel appearing for the OPSC. Order reserved. (Dr. S.N. Dash) Acting Chairman.” Accordingly, on 26.8.2014, O.A. No.2555(C) of 2014 was disposed of in terms of the order passed in O.A. No.2146(C) of 2014. 4. As quoted earlier, in this writ application, the only prayer of the petitioners is to quash the second part of the impugned order directing opposite party no.2 to calculate the marks of candidates by eliminating the faulty questions and negative markings and the marks to be prorated to full marks and thereafter to prepare a select list of candidates for the Main Examination. 5. Heard Mr. H.S. Mishra, learned counsel for the petitioners, Mr. B.P. Pradhan, learned Additional Government Advocate for the State, Mr. Pradipta Kumar Mohanty, learned Senior Advocate for the OPSC and Mr. 5. Heard Mr. H.S. Mishra, learned counsel for the petitioners, Mr. B.P. Pradhan, learned Additional Government Advocate for the State, Mr. Pradipta Kumar Mohanty, learned Senior Advocate for the OPSC and Mr. U.C. Mishra, learned counsel for opposite party nos.4 to 6 (intervenors). 6. Mr. H.S. Mishra pointed out that against the order passed in O.A. No.2555(C) of 2014, the OPSC has not filed any writ application. Mr. Mohanty, appearing for the OPSC submitted that O.A. No.2555(C) of 2014 has been disposed of only by “quoting” the entire order passed in O.A. No.2146(C) of 2014. So in case W.P.(C) No.16601 of 2014 would be allowed setting aside the order passed in O.A. No.2146(C) of 2014, then the order passed in O.A. No.2555(C) of 2014 would be rendered in-fructuous. Mr. U.C. Mishra supported the contentions of the petitioners. Since we have already allowed W.P.(C) No.16601 of 2014 and set aside the entire order dated 26.8.2014 passed in O.A. No.2146(C) of 2014; in such background both parts of direction contained in order dated 26.8.2014 passed in O.A. No.2555(C) of 2014 no more survive. In this context, we place our reliance on the case of Director of Settlements, A.P. and others v. M.R. Apparao and another as reported in (2002) 4 SCC 638. As a consequence O.A. No.2555(C) of 2014 is required to be adjudicated afresh keeping in mind the contentions raised therein. Accordingly, we so direct. However, while adjudicating O.A. No.2555(C) of 2014, learned Tribunal is requested to keep in mind the observations made by us while disposing of W.P.(C) No.16601 of 2014. The writ application is accordingly disposed of. LCR be sent back forthwith.