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2022 Supreme(Ori) 580
IN THE HIGH COURT OF ORISSA AT CUTTACK
Arindam Sinha, S.K. Mishra, JJ.
Kalpabasi Behera – Appellant
Versus
State of Odisha & Ors. – Respondents
Writ Petition (C) No. 8224 of 2020
Decided On : 08-12-2022
P. K. Mishra, Advocate, Y.S.P. Babu, Advocate, R. K. Samal, Advocate
The cancellation of admission based on a caste certificate should be supported by adjudication from the State Level Scrutiny Committee.
Headnote:
Caste Certificate - Admission Cancellation - The court set aside and quashed the impugned letter cancelling the petitioner's admission to the B.Ed. course, stating that there was no adjudication by the State Level Scrutiny Committee on the allegation of a fake caste certificate, and directed the college to proceed as if the letter was not issued.
Fact of the Case:
The petitioner's admission to the B.Ed. course for session 2017-19 was cancelled by a letter dated 16th November, 2019. The petitioner sought quashing of the letter and direction for publication of the final result.
Finding of the Court:
The court found that the impugned letter was without basis as there had been no adjudication by the State Level Scrutiny Committee on the allegation of a fake caste certificate. The court set aside and quashed the letter, directing the college to proceed as if the letter was not issued.
Issues: Cancellation of admission, publication of final result, validity of caste certificate
Ratio Decidendi: The impugned letter cancelling the admission was set aside as there was no adjudication by the State Level Scrutiny Committee on the allegation of a fake caste certificate, rendering the letter without basis.
Final Decision: The court disposed of the writ petition, setting aside and quashing the impugned letter and directing the college to proceed as if the letter was not issued.
JUDGMENT
Arindam Sinha, J. - Mr. Mishra, learned advocate appears on behalf of petitioner and submits, impugned is letter dated 16th November, 2019, by which the Principal cancelled his client's admission to B.Ed. course for session 2017-19.
2. Mr. Babu, learned advocate, Additional Government Advocate appears on behalf of State and submits, petitioner has also prayed for publication of final result in respect of the B.Ed. course and issuance of certificate. Such prayer does not fall under assignment entry no.4 of this Bench. Mr. Samal, learned advocate, Standing Counsel appears on behalf of opposite party nos.2 and 3.
3. Petitioner has made two prayers in the writ petition. Firstly, for quashing impugned letter and secondly, obviously as a consequence, direction for publication of final result. Section 7 in Odisha Scheduled Castes, Scheduled Tribes and Backward Classes (Regulation of Issuance and Verification of Caste Certificates), Act, 2012 provides for, inter alia, a Scrutiny Committee to adjudicate on allegation of a caste certificate being fake. On query from Court Mr. Babu and Mr. Samal both submit that there has been no adjudication by the State Level Scrutiny Committee. In the circumstances, impugned letter is without basis.
4. Impugned letter is set aside and quashed. It is made clear that therefore, the college is to proceed in respect of petitioner as if impugned letter was not there.
5. The writ petition is disposed of.
