IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.22659 of 2025

In the matter of an application under Articles 226 & 227 of

the Constitution of India, 1950.

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Anshuman Beuria …. Petitioner

-versus-

State of Odisha, represented …. Opposite Parties

through the Principal Secretary,

Department of Agriculture &

Farmers’ Empowerment &

Others

Advocates Appeared in this case

For Petitioner - M/s.Uma Charan Mishra,

A. Mishra & J.K. Mahapatra,

Advocates

For Opp. Parties - Mr.Satya Brata Mohanty,

AGA for O.P.1,

M/s.Subash Ch. Rath &

M.K.Parida,

Advocates for O.Ps.2 & 3

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CORAM

MR. JUSTICE DIXIT KRISHNA SHRIPAD

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Date of Hearing & Judgment : 25.11.2025

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PER DIXIT KRISHNA SHRIPAD, J

Petition prayer makes out the grievance and therefore, the

same is reproduced as under:-

“It is therefore prayed that your Lordships shall be graciously pleased enough to admit the aforesaid writ application and after hearing the parties concerned, quash the Office Order Dtd 07.08.2025 as under Annexure-4 and direct the opp. parties more particularly opp. party no-2 to 4 to accept the Semester Fees with any late fine as the Hon'ble Court may direct from the petitioner and to allow the petitioner to appear the final 6th Semester B.Sc AG examination going to commence from 16.08.2025 and to provide her Admit card and facilitate the appearance of the petitioner in 6th Semester Final examination……”

2. Learned counsel for the petitioner submits that there was belated payment of fees and in that connection, an apology letter is also tendered by his client. He points out the ad interim order dated 13.08.2025, which reads as under:-

“Issue emergent notice. Learned ASC -Mr. Ray, on request of the Court, accepts notice for OP.1. An extra copy of the writ petition with all the documents be served on him within three working days. Notice be sent to OPs.2 & 3 by speed post with A.D. returnable within 10 days, requisite for which shall be furnished within three working days. In addition, it is open to the Petitioner to serve a copy of the writ petition along with all the documents on the leaned Panel Counsel, who usually represents the University.

2. Petitioner, having been debarred from 6th Semester, B.Sc, Agricultural Science course, is complaining before the Court about the Court action, the examinations being around.

3. Learned counsel appearing for the Petitioner submits that the debar in question is due to non-remittance of semester fees and the said fees could not be remitted because of some financial and medical difficulties and further that now he would remit the same along with admissible fee and, therefore, Petitioner should be granted permission to appear in the imminent examination scheduled to commence from 16.08.2025. There is reason and logic in the submission. If Petitioner is permitted to take up the examination subject to outcome of the main matter, no prejudice would be caused to anyone. On the contrary, if that course is not adopted, an innocent student may suffer and that would not augur well to the society.

In the above circumstances, the OP-University is directed to accept Petitioner’s remittance of prescribed fees along with the admissible penalty and permit him to take up the imminent examination subject to result of the writ petition.

Call this matter on 26.08.2025 for reporting compliance of this interim direction….”

Added, he further submits that right to education being a sort of Fundamental Right recognised under Article 21 of the Constitution of India vide Mohini Jain v. State of Karnataka, AIR 1992 SC 1858, ordinarily the approach of the institutions and Court should be pro-education disregarding the procedural hurdles. He also tells that now pursuant to interim order, his client having already written the examination, the admission should be regularised and the result of such examination should be p