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2012 Supreme(Ori) 102

V.GOPALA GOWDA, B.N.MAHAPATRA
Ashok Kumar Mishra – Appellant
Versus
State of Orissa – Respondent


Advocates appeared:
For Appellant : M/s. Dr. A. K. Mohapatra, Alok Ku. Mohapatra, N. C. Rout, S. K. Padhi, S. K. Mishra and S. Swain
For Respondents:Mr. R. K. Mohapatra, Government Advocate (For Respondent No.1 & 4)
M/s. S. Palit, A. K. Mahana, A. Mishra and D. Biswal (For Respondent No.2 & 5)
M/s. R. C. Mohanty, K. C. Swain and S. Mohanty (For Respondent No.3)

JUDGMENT

V. GOPALA GOWDA, J.

The unsuccessful petitioner in the writ petition bearing W.P.(C) No. 18599 of 2011 being aggrieved by the order dated 1.11.2011 passed by the learned Single Judge declining to quash Clause 4.2 of OJEE, 2011 Brochure prescribing the upper age limit of 25 years for the entrance examination of 2011, which is the minimum eligibility criteria for admission to the first year MBBS who has secured 141 rank in medical stream and 36 rank as Green Card holder has filed this writ appeal urging various facts and legal contentions and prayed to set aside the impugned order by allowing the Writ Appeal and quash the Clause 4.2 in the Prospectus of OJEE, 2011.

2. The brief facts are stated for the purpose of appreciating the rival legal contentions urged on behalf of the parties with a view to find out as to whether the appellant has made out a case for interference with the impugned order of the learned Single Judge and issue a writ of certiorari to quash Clause no. 4.2 of the OJEE, 2011 Prospectus prescribing the upper age limit of 25 years for admission to the first year MBBS and as to whether refusal to quash the same amounts to failure to exercise judicial review p













































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