DEEPAK BANSAL Vs. STATE OF ODISHA AND ORS.

JUDGEMENT

(1.) THE captioned writ petition seeks remedy to issue a mandamus directing the opp. Parties to permit the petitioner to take admission in Super Specialist Course for the academic session 2015 -16.

(2.) SUCCINCTLY the case of the petitioner is stated below: - -

(3.) LEARNED counsel for the petitioner supporting the case of the petitioner submitted that the action of the opp. Parties is absolutely perverse, illegal and harassment to the petitioner. He further submitted that the order of the Hon'ble Supreme Court has not been properly complied by the opp. Parties and instead committed illegality by deleting the name of the petitioner from the merit list vide Annexure -6. He fairly submitted that in Satyabrata Sahoo and others v. State the Hon'ble Apex Court have categorically directed to take urgent steps to rearrange the merit list and fill up the seats of direct category excluding the in -service candidates. But the State Government illegally and improperly cancelled the entire merit list and published another merit list vide Annexure -6 by deleting the name of the petitioner without any reason or rhyme. He submitted that without hearing the petitioner, deletion of his name amounts to violation of fundamental right of the petitioner and also same tantamounts to denial of natural justice to the petitioner. He submitted that while the petitioner joined on 2.5.2012 but due to no fault of him, later his joining was re -scheduled to be from 9.8.2012 which is illegal. Practically he has attended the P.G. course right from 2.5.2012 and completed three years as on 2.5.2015, purportedly to have got completion of three years in attending the P.G. course which is the basic criteria for admission in Super Specialist Course by 31.7.2015. According to him in fact the petitioner has qualified in test being in the merit list vide Annexure -5 and there is no reason to delete him in Annexure -6 by following dubious methods. So he submitted to quash Annexure -6 and to approve Annexure -5 by issuing a writ of mandamus.