DEBADITYA BANIK Vs. STATE OF TRIPURA
HIGH COURT TRIPURA
STATE OF TRIPURA
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(1.)Writ appellants namely, Sri Debaditya Banik, Sri Subrata Das and Sri Biswajit Dey filed writ appeal inter alia claiming the following reliefs:
"a) To set aside the judgment dtd. 12/4/2016 of the learned Single Judge;
b) Compel the Government to fix a date which is with reference to the date of enrollment not with reference to the certificate or the mark sheet;
c) To issue a fresh cut of date or otherwise the Hon'ble Court to fix a cut of date prospectively in the line fixed by the Government of Manipur and in any case without any reference to the date of obtaining degree or diploma;
A N D
Grant such relief under law as may be available to the appellant."
(2.)Vide impugned judgment dtd. 12/4/2016, learned Single Judge while deciding the said petition, held the State to have considered the petitioners representation so made pursuant to directions issued by this Court vide order dtd. 27/6/2014 passed in W.P. (C) No.403/2013 titled as Shri Santunu Saha and others v. The State of Tripura and others, as also W.P. (C) No.417 of 2013 titled as Susamay Saha and others vs. State of Tripura and others.
(3.)It is here, we find the learned Single Judge to have not considered the intent and the purport of the directions issued by this Court in orders rendered in different cases cited supra. As such, after the matter was heard for some time, as prayed for, the appeal is disposed of in the following mutually agreed terms:
(a) Appellants shall approach the respondent-State afresh placing on record entire material, including the one which enabled the other States to determine the consequential right of the students, who had already completed their courses prior to the fixation of the cut-off date;
(b) Upon receipt of such representation, opportunity of hearing shall also be afforded;
(c) Decision thereupon shall positively be taken within a period of 2 (two) months from the date of receipt of representation;
(d) Order assigning reasons shall also be communicated to the writ-appellants. Liberty reserved to independently approach the Court assailing the order(s), if so required and desired on the same and subsequent cause of action, in accordance with law.
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