Judgment

Dr. A.K. Rath, J.

The appellant has prayed, inter alia, to quash the order and judgment dated 02.12.2003 and 18.12.2013 respectively passed by the learned Single Judge in WP(C) No.18138 of 2013. By order dated 02.12.2013, the learned Single Judge dismissed the application filed by the appellant for addition of the party and eventually allowed the writ petition filed by respondent no.1 by judgment dated 18.12.2013.

2. Though the appeal was listed for admission, this Court heard the matter on the maintainability of the application filed by the appellant in WP(C) No.18138 of 2013 for addition of party.

3. Respondent no.1 as petitioner has filed the writ petition to quash the proceedings dated 21.08.2012 of the Examination Committee of the Utkal University cancelling her result of M.A Odia Non-Collegiate Examination, 1991. The case of the respondent no.1 is that she appeared at the M.A Examination, 1986 under Utkal University. Her registration number was 28628/80. She secured 48.87% of marks. Again, she appeared at the examination for enhancement of marks in the year 1991 and secured 58.5% marks. In all the examinations, the registration number assigned by the University was the same. After completion of the examination, she did her Ph.D in Odia. She was appointed as a Lecturer in Odia in Lakheswar Women’s College, Phulnakhara on 3.7.1995. While the matter stood thus, in the proceedings dated 21.08.2012, the Examination Committee of the Utkal University took a decision to cancel her result of M.A Odia Non-Collegiate Examination, 1991. Further case of the respondent no.1 is that neither any letter cancelling her result was communicated to her, nor opportunity of hearing was provided. She came to know about the cancellation of the result in G.I.A. Case No.809 of 2012 filed by the appellant claiming seniority over her and block grant against the 1st post of Lecturer in Odia.

4. Pursuant to issuance of notice, a counter affidavit had been filed by the Utkal University stating that the authorities had rightly cancelled her result.

5. After hearing the matter at length, the learned Single Judge, in an elaborate judgment, quashed the notification cancelling the result of M.A Odia Non-Collegiate Examination, 1991. It is apt to state here that during pendency of the writ petition, the appellant filed Misc. Case No.17846 of 2013 for addition of the party. By order dated 02.12.2013, the learned Single Judge dismissed the said application.

6. Heard Mr. K.K. Swain, learned counsel for the appellant and Mr. S.K. Das, learned counsel for the respondent no.1.

7. Mr. Swain, learned counsel for the appellant, submitted that respondent no.1 is not at all eligible to hold the 1st post of Odia Lecturer in Lakheswar Women’s College, Phulnakhara. She appeared at the M.A. Odia Examination as a regular candidate in the year 1986 and secured 48.87% of marks. After lapse of six years, in the year 1991, she again appeared at the said examination as a Non-Collegiate Examination (private candidate) with the same registration number deliberately suppressing the fact that she had already obtained a master degree from Ravenshaw College. She had also appeared at the same examination in the year 1992. He further submitted that the instruction of the Utkal University to Non-Collegiate (Private) Candidate intending to appear at the Master’s Degree in Arts/Science/Commerce/Oriental Learning Examinations of 1991 provides that any registered student of the University, who has passed M.A Examination from the said University or some other University recognized by the Academic Council as equivalent thereto may be permitted to appear at the Master of Arts as Non-Collegiate (Private) Candidate in any branch other than in which he/she was previously examined. Though respondent no.1 passed M.A. examination as a regular candidate from Revenshaw College, Cuttack in the year 1986, but then she appeared at the M.A Odia Examination as a private candidate in the year 1991 with the