LAWS(ORI)-2004-12-2

SANGHAMITRA SWAIN Vs. DIRECTOR T E

Decided On December 10, 2004
Sanghamitra Swain Appellant
V/S
Director T E Respondents

JUDGEMENT

(1.) THE petitioner calls in question the rejection of her application and denying admission to C.T. Course for the academic session 2004 -05 as illegal and arbitrary.

(2.) THE petitioner's case in brief is that she is a graduate in science and belongs to S.E.B.C. category and a permanent resident of Raighar in the district of Nawarangpur. She is the eldest daughter of one Sukadev Swain, who was appointed as a primary school teacher in undivided district of Koraput since 13.11.1969. Sri Sukadev Swain, the father of the petitioner is continuing as a primary school teacher in U.P. School, Karanpadar under Umerkote Education District within the jurisdiction of Tahasildar, Umerkote and he is a government servant. The petitioner's father even though originally hails from Marshaghai in the district of Kendrapara, has been permanently settled with landed property and residence at Kodabhata (Raighar) in the district of Nawarangpur on account of his service as a government servant under the administrative control of the Inspector of Schools, Umerkote. The petitioner has studied in Block Colony Primary School at Raighar, completed her schooling in Government Harizan and Tribal Welfare High School, Raighar and passed the Annual High School Certificate Examination from there. The petitioner made an application for admission to the C.T. Course for the session 2003 -04 in response to the advertisement issued by the Director, T.E. and S.C.E.R.T., but she has been denied the admission on the ground of her residential status. Hence, the writ petition.

(3.) THE sole question for determination is as to whether the petitioner has rightly been denied the admission on the ground that she is not a permanent resident of the district of Koraput. Clause -4.2 of the prospectus and guidelines for admission reads thus :