Orissa High Court
Afr A.S. Ananya Pradhan vs Government Of India And Others .... Opp. ... on 28 August, 2020
Author: B.R.Sarangi
Bench: B.R.Sarangi
ORISSA HIGH COURT: CUTTACK
W.P.(C) NO. 16669 OF 2020
In the matter of an application under Articles 226 and 227
of the Constitution of India.
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AFR A.S. Ananya Pradhan ..... Petitioner
-Versus -
Government of India and others .... Opp. Parties For Petitioner : M/s. S.K.Mishra, S.S. Pradhan, and P.K. Rout, Advocates.
For Opp. Parties : Mr. A.K. Bose,
Asst. Solicitor General of India.
[O.Ps. No. 1 to 4]
P R E S E N T:
THE HONOURABLE DR. JUSTICE B.R.SARANGI Decided on 28.08.2020 DR. B.R. SARANGI, J. The petitioner, being a minor, has filed this writ petition represented through her father guardian seeking direction to opposite party no.4, Principal, Jawahar Navodaya Vidyalaya, Bagudi, Balasore to admit 2 her in Class-VI taking into consideration her caste certificate.
2. The factual matrix of the case, in hand, is that in accordance with the National Policy of Education (1986), Government of India started Jawahar Navodaya Vidyalayas (JNVs). Presently, the JNVs are spread in 28 States and 7 Union Territories. The JNVs are co-educational residential schools fully financed and administered by Government of India through an autonomous organization, Navodaya Vidyalaya Samiti. Admissions to Class VI in JNVs are made through Jawahar Navodaya Vidyalayas Selection Test (JNVST). The medium of instruction in JNVs is the mother tongue or regional language up to Class VIII and thereafter 'English' for Mathematics and Science and 'Hindi' for Social Science. Students of the JNVs appear for board examinations of the Central Board of Secondary Education. While education in the schools is free including boarding & lodging, uniform and textbooks, a sum of Rs. 600/- per month is collected only from the students of Classes IX to XII towards Vidyalaya Vikas Nidhi. However, 3 students belonging to SC/ST categories, all Girl students and the students whose family income is below poverty line (BPL) are exempted. In respect of wards of Government employees other than exempted category (Students of Classes VI to VIII, all SC/ST & girl students and wards of BPL families) Vikas Nidhi are charged @ Rs.1500/- per month or actual children education allowance received by the parent per month whichever is less. However, VVN (Vidyalaya Vikas Nidhi) shall not be less than Rs.600/- per student per month.
2.1 The objectives of the scheme are to provide good quality modern education including a strong component of culture, inculcation of values, awareness of the environment, adventure activities and physical education to the talented children predominantly from rural areas; to ensure that students attain a reasonable level of competency in three languages; to promote national integration through migration of students from Hindi to non-Hindi speaking State and vice-versa; and to serve in each district as focal point for improvement in quality of 4 school education in general through sharing of experiences and facilities.
2.2 In order to have the admission for the academic year 2020, Navodaya Vidyalaya Samiti issued a prospectus for Jawahar Navodaya Vidyalaya Selection Test-2020, vide Annexure-1, for admission to Class-VI. As per the prospectus, the candidates were to apply for JNV Selection Test as per the procedure envisaged thereunder. In pursuance of such prospectus, the petitioner applied for admission in Class-VI of JNV, Bagudi in prescribed form. In the bio-data prescribed for submission of application clearly indicates the category General, OBC, SC and ST. As the petitioner belonged to SEBC category, she had given tick mark under the heading OBC, because SEBC category was not mentioned in the application form itself. As per the scheduled date and time prescribed in the prospectus, the petitioner appeared the test with necessary admit card issued. After the examination was over on 11.01.2020, a notice was issued on 31.03.2020 that reservation of seats for SC and ST students would be made in proportion to 5 their population in the district concerned subject to minimum of national average and maximum of 50% for both the categories taken together and 27% reservation would be provided to the OBC students over and above the reservation for SCs and STs. Thereafter, the selection list was published on 13.05.2020 where the petitioner's name was found place and she was called upon to take admission. Accordingly, intimation was issued, vide Annexure-6 dated 19.06.2020, indicating that the petitioner was provisionally selected for admission in Class-VI of Jawahar Navodaya Vidyalaya, Bagudi, Balasore, subject to fulfillment of required conditions, and she was directed to report on 29.06.2020 at 10.00 a.m. for verification of documents. On the date fixed, the petitioner appeared along with her father and copies of all the relevant documents, but she was denied admission on the ground that she did not belong to OBC category, though she produced certificate of SEBC category. Hence this application.
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3. Mr. S.K. Mishra, learned counsel appearing for the petitioner argued with vehemence and contended that in the prospectus issued by Navodaya Vidyalaya, there was no mention about the reservation of seats for admission of OBC category students. After examination was over on 11.01.2020, a notice was issued on 31.03.2020 keeping 27% of the seats reserved for OBC students. It is contended that once an advertisement was issued and pursuant thereto the petitioner applied for, the rule of selection should not have been changed at the midst of selection process, as the same contravenes the principle of law that once the game started its rule should not be changed. It is further contended that the application for admission submitted by the petitioner was filled up by the school authority indicating as OBC category, as there was no mention about SEBC category. Therefore, the petitioner, having belonged to SEBC category, should have been given admission in the said category, inasmuch as the selection process was to be followed in accordance with the advertisement and 7 prospectus issued, without taking into consideration the notice issued on 31.03.2020 under Annexure-3, and accordingly the admission process was to be made applicable to all the candidates.
To substantiate his contentions, he has relied upon the ratio decided in Kishor Kumar v. Pradeep Shukla, (2012) 4 SCC 103; Mrs. Madhumita Das v. State of Orissa, 100 (2005) CLT 465; State of Orissa v. Bharat Ch. Jena, 101 (2006) CLT 185; Subhaya Prusty v. Union of India, 2016(I) ILR-CUT-738; Dr. Smrutisudha Pattnaik v. Acharya Harihar Regional Cancer Centre, Cuttack, 2017 (I) ILR-CUT-1077 and Suchitra Sethi v. Union of India, 2017 (Supp.-II) OLR 1107.
4. Mr. A.K. Bose, learned Assistant Solicitor General of India contended that the prospectus does not contain any reservation for OBC category students. For the first time, notice dated 31.03.2020 was issued with a provision for reservation of OBC category students. By 8 that time, the examination for admission to Class-VI was over on 11.01.2020. He also contended that the petitioner's application indicates that she had applied under OBC category and as and when the petitioner will produce OBC certificate, the authority will have no impediment to provide her a seat for admission, otherwise the claim made by the petitioner has no justification. Accordingly, the writ petition has to be dismissed.
5. This Court heard Mr. S.K. Mishra, learned counsel appearing for the petitioner and Mr. A.K. Bose, learned Assistant Solicitor General of India through video conferencing. Since the issue involved in this case relates to admission in Class-VI, opportunity was given to learned Assistant Solicitor General of India to obtain instructions or file counter affidavit. On the basis of instructions received and upon hearing learned counsel for both the parties, with their consent this writ petition is being disposed of finally at the stage of admission. 9
6. For the purpose of just and proper adjudication of the case, the relevant portion of the prospectus filed as Annexure-1 is quoted below:-
"WHO IS ELIGIBLE FOR ALL CANDIDATES 4.1 Only the candidates from the district concerned where the Jawahar Navodaya Vidyalaya has been opened are eligible to apply for admission. However, if the district where JNV is opened is bifurcated at a later date, the old boundaries of the district are considered for the purpose of eligibility for admission into JNVST, in case a new Vidyalaya is not started in the newly bifurcated district as yet.
4.2 A candidate seeking admission must not have been born before01-05- 2007and after 30-04-2011 (Both dates are inclusive).This will apply to candidates of all categories, including those who belong to the Scheduled Caste (SC) and Scheduled Tribe (ST). In case of doubtful cases of overage in comparison to the age recorded in the certificate, they may be referred to the Medical Board for confirmation of the age. The decision of the medical board will be treated as final.
4.3 A candidate appearing for the selection test must be studying in Class-V for the whole of the academic session 2019-20 in a Government/Government aided or other recognized schools or ' B' certificate competency course of National Institute of Open Schooling in the same district where he/she is seeking admission. A school will be deemed recognized if it is declared so by the Government or by any other agency authorized on behalf of Government. Schools where students have obtained ' B' certificate under National Institute of Open Schooling should have accreditation of NIOS. A candidate must successfully complete Class-V in the session 2019-20. Actual admission in Class-VI for 10 the session 2020-21 will be subject to the mentioned condition.
4.4 A Candidate claiming admission under rural quota must have studied and passed classes III, IV and V from a Govt. / Govt. aided / recognized school spending one full academic session each year in a school located in rural area.
4.5 Candidates passing ' B' certificate competency course of National Institute of Open Schooling on or before 30th September 2019 are also eligible to write admission test provided they are in the prescribed age group. The rural status of a child from National Institute of Open Schooling will be decided on the basis of a certificate to be issued by Tehsildar/District Magistrate of the District indicating that the child has been residing in rural areas for the last three years. Students studying under the above scheme and residing in urban and notified areas are not eligible for obtaining seat in rural quota.
4.6A Candidate who has not been promoted and admitted to Class-V before 15thSeptember, 2019 is not eligible to apply.
4.7 No candidate is eligible to appear in the selection test for the second time, under any circumstances.
FOR RURAL CANDIDATES A) At least 75% of the seats in a district will be filled by candidates selected from rural areas and remaining seats will be filled from the urban areas of the district.
B) A candidate seeking admission under the rural quota must have studied in Classes-III, IV and V completing full academic session from the Government/ Government Aided/Government recognized school(s) located in rural areas. However, the candidate should study full academic session in Class-V from the same district where admission is sought.11
C) Candidates studying under the schemes of National Institute of Open Schooling should produce their rural status certificate issued by District Magistrate / Tehsildar / Block Development Officer.
FOR URBAN CANDIDATES A candidate who has studied in a school located in an urban area even for a single day of session in Class-III, IV and V will be considered as an urban candidate. Urban areas are those which are so defined in 2011 census or through a subsequent Government notification. All other areas will be considered as rural.
FOR TRANSGENDER CANDIDATES No separate reservation for transgender category candidates is provided and they will be included in Boys category for reservation purpose, under various sub-categories viz Rural, Urban, SC, ST and Divyang.
RESERVATION OF SEATS
a) At least 75% of the seats in a district are filled by candidates selected from rural areas and remaining seats are filled from urban areas of the district.
b) Reservation of seats in favour of children belonging to Scheduled Castes and Scheduled Tribes is provided in proportion to their population in the district concerned provided that in no district, such reservation will be less than the national average (15% for SC and 7.5% for ST) but subject to maximum of 50% for both the categories (SC & ST) taken together. These reservations are interchangeable and over and above the candidates selected under open merit.
c) Minimum One third of the total seats are filled by girls.
d) There is a provision for reservation for ** Divyang children (i.e. Orthopedically Handicapped, Hearing Impaired and Visually Handicapped) as per GOI norms.
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** " Blindness" refers to a condition where a person suffers from any of the following conditions namely:-
(i) Total absence of sight; or
(ii) Visual acuity not exceeding 6/60 or 20/200 (snellen) in the better eye with correcting lenses; or
(iii) Limitation of the field of vision subtending an angle of 20 degree or worse.
** "Hearing Impairment" means loss of sixty decibels or more in the better ear in the conversational range of frequencies.
** "Locomotor disability" means disability of the bones joints or muscles leading to substantial restriction of the movement of the limbs or any form of cerebral palsy.
** "Person with disability" means a person suffering from not less than forty percent of any disability as certified by a medical authority."
7. For admission in Class-VI for the academic Session 2020-21, so far as Orissa State is concerned, was scheduled to be held on 11.01.2020 at 11.30 a.m.. The application submitted by the petitioner, being in order, she was issued with an admit card to appear at the selection test scheduled to be held on 11.01.2020. In the application form, while furnishing the bio-data, the petitioner though belonged to SEBC category had given a tick mark in the OBC category, as there was no option in the application form to give tick mark under the SEBC category, because 13 the application form contained four categories, viz., General, OBC, SC and ST. In any case, the petitioner appeared the selection test on 11.01.2020 and while awaiting the result a notice was issued by opposite party no.3 on 31.03.2020 to the following effect:
"NOTICE Read with Letter No.F.No.17-37/2019-UT-3 dated 30th March 2020 from the Department of School Educational Literacy Ministry of Human Resource Development.
Consequent to the acceptance of the recommendations of the Parliamentary Committee on Welfare of OBCs (2019-20) by the competent authority, partial medication is hereby made in the reservation policy for admission to class VI through Jawahar Navodaya Vidyalaya Selection Test (JNVST) from the academic session 2020-21. With the provision of reservation to OBC students. The provisions of reservation to OBC students in the admissions to class VI Jawahar Navodaya Vidyalaya from the academic session 2020-21 and onwards will be as under.
"Reservation of seats for SC and ST students shall be made in proportion to their population in the district concerned (subject to minimum of National average and maximum of 50% for both the categories taken together) and 27% reservation shall be provided to the OBC students over and above the reservation for SCs and STs."
All other existing reservations including reservations for Girls Rural Divyang etc., will remain unchanged. The reservations to the OBC students shall be implemented as per central list as applicable from time to time."
14On perusal of the aforesaid notice, it would be seen that the provision for reservation of OBC students for admission in Class-VI in Jawahar Navodaya Vidyalaya for the academic session 2020-21 has been prescribed specifying that reservation of seats for SC and ST students shall be made in proportion to their population in the district concerned subject to minimum of national average and maximum of 50 % for both the categories taken together and 27% reservation shall be provided to the OBC students over and above the reservation for SCs and STs. All other existing reservations, including reservations for Girls, Rural, Divyang etc. will remain unchanged. The reservations to the OBC students shall be implemented as per central list as applicable from time to time. After such notice was published on 31.03.2020, a select list was prepared on 13.05.2020 vide Annexure-4, in which the petitioner's name found place. A guidelines for admission of provisionally selected candidates in Class-VI JNVST-20 and Class-IX LEST-2020 was prepared by Navodaya Vidyalaya Samiti and as per the said guidelines, the 15 petitioner was intimated on 19.06.2020 vide Annexure-6 that she had been provisionally selected for admission in Class-VI of Jawahar Navodaya Vidyalaya, Bagudi, Balasore, Odisha and she was called upon to appear on 29.06.2020 for verification of documents. On the date fixed, the petitioner appeared along with her father but she was denied admission in reserved category of OBC, as she possessed SEBC category certificate at Annexure-7 issued by the competent revenue authority on 26.06.2020.
8. In the above premises, the question that arises for consideration is once the advertisement was issued on 11.01.2020 can the authority issue notice on 31.03.2020 vide Annexure-3 specifying reservation for OBC category, meaning thereby, if by issuing prospectus the game had started could the rule of game in the midst be changed.
9. To recapitulate, in accordance with the National Policy of Education (1986), the Government of India started Jawahar Navodaya Vidyalayas (JNVs) in 28 States and 7 Union Territories as co-educational residential 16 schools fully financed and administered by Government of India to impart education to the students.
10. Needless to say, foundation of every State is the education of its children. Education has for its object the formation of character. The founding fathers in their wisdom decided that children were an unnatural strain on parents. So they provided jails called "schools", equipped with torture called "education".
11. In Padmanav Dehury v. State of Orissa, AIR 1999 ORI 97, while considering the word "education", it is held as follows:
"The word "education" is derived from the Latin word "educa" which means bringing out a latent faculties. "Education" means the act or process of imparting or acquiring general knowledge, developing the powers of reasoning and judgment, and generally of preparing oneself of others intellectually or mature life; the act or process of imparting or acquiring particular knowledge or skills. It is the result produced by instruction, training or study. Thus the word has very wide import."17
12. In P.A. Inamdar v. State of Maharastra, (2005) 6 SCC 537, the apex Court, referring to India Vision 2020 published by the Planning Commission of India at page 250, held as follows:-
"Education is an important input both for the growth of the society as well as for the individual. Properly planned educational input can contribute to increase in the gross national products, cultural richness, build positive attitude towards technology and increase efficiency and effectiveness of the governance. Education opens new horizons for an individual, provides new aspirations and develops new values. It strengthens competencies and develops commitment. Education generates in an individual a critical outlook on social and political realities and sharpens the ability to self examination, self monitoring and self criticism."
13. In T.M.A. Pai Foundation v. State of Karnataka, (2002) 8 SCC 481, the apex Court held that the expression 'educational institutions' occurring in various Articles of the Constitution of India means institutions that impart education from primary school level up to the postgraduate level and includes professional educational institutions.
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14. In view of the above, the education can be viewed as the transmission of the values and accumulated knowledge of a society. In this sense, it is equivalent to what social scientists terms socialization or enculturation. A society becomes ever more complex and schools become ever more institutionalized, educational experience becomes less directly related to daily life, less a matter of showing and learning in the context of the workaday world, and more abstracted from practice, more a matter of distilling, telling, and learning things out of context. This concentration of learning in a formal atmosphere allows the child to learn far more of his culture than he could by merely observing and imitating. As society gradually attaches more and more importance to education, it also tries to formulate the overall objectives, content, organization and strategies of education.
15. In Major Saurabh Charan v. NCT of Delhi, (2014) 6 SCC 798, the apex Court held as follows:-
"Imparting elementary and basic education is a constitutional obligation on the States as well as societies running educational institutions.19
Children are not only future citizens but also the future of the Earth. Elders in general and parents and teachers in particular owe a responsibility for taking care of the well-being and welfare of the children."
16. In Christian Medical College, Vellore v. Union of India, (2014) 2 SCC 305, the apex Court held as follows:-
"Norms of admission will have a direct impact on the standards of education. The standards of education in any institution or college would depend upon several factors and the caliber of the students to be admitted to the institutions would also be one of the relevant factors."
17. In Rohit Singhal v. Principal, Jawahar N. Vidyalaya, (2003) 1 SCC 687, the apex Court held as follows:
"Education is an investment made by the national in its children for harvesting a future crop of responsible adults productive of a well- functioning society. However, children are vulnerable. They need to be valued, nurtured, caressed and protected."
18. In Preeti Srivastava v. State of M.P., (1999) 7 SCC 120, the apex Court held as follows:-
"It is important to provide adequate educational opportunities for all since it is education which ultimately shapes life. It is the source of that thin stream of reason which alone can nurture a 20 nation's full potential. Moreover, in a democratic society, it is extremely important that the population is literate and is able to acquire information that shapes its decisions."
19. Keeping in view the purpose of education, as discussed above, vis-à-vis objectives of the scheme of Navodaya Vidyalaya Samiti, as enumerated in the prospectus itself, in order to achieve such objectives steps had been taken for admission of the students for the session 2020 in Class-VI by holding a test in consonance with the conditions stipulated in the prospectus itself. As has been stated, the petitioner was eligible to make an application and pursuant to the advertisement the petitioner, having satisfied the requirement thereof, applied for admission in Class-VI. So far as reservation of seats is concerned, nothing had been mentioned in the prospectus with regard to reservation for OBC category students. Basing on the conditions stipulated in the prospectus itself, the petitioner applied for admission in Class-VI course of Navodaya Vidyalaya and appeared the test scheduled to be held on 11.01.2020. By that time, the notice issued on 31.03.2020 making provision for 21 reservation for OBC category students had not seen the light of the day nor could the same be read as part of the prospectus to extend the benefit to OBC category students. Pursuant to the prospectus issued if the students had applied for and they had been considered and called upon to appear the test, consequently, when the game had already started, by issuing a notice on 31.03.2020 in the midst of selection process the rule of game should not have been changed.
20. In Kishor Kumar (supra), the apex Court, while interpreting Rule 15(2) of U.P. Pharmacists Services Rules, 1980, held that having recruitment process started, norms/principles/rules applicable cannot be changed during pendency of selection process to disadvantage of those candidates who were denied appointment by virtue of same rules, and directed that the candidates to be appointed in order of their inter se seniority as per vacancies available in each year in terms of pre-existing practice.
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21. In Mrs. Madhumita Das (supra), while dealing with a matter relating to recruitment of Ad-hoc Addl. District Judges under the Odisha Judicial Service (Special Scheme) Rules, 2001, the question in regard to change of norms published in the advertisement, without notice to the candidates and the general public, was under
consideration. The process of selection was conducted in the changed norms. Hence, the Division Bench of this Court held the action so taken was violative of Article 16 of the Constitution of India, reason being that once norms were published in the advertisement for notice of all, whether the same could be changed at a later stage without notice to any of the candidates and general public and without issuing any corrigendum to the advertisement in question. Therefore, the Division Bench of this Court held that once advertisement was issued to fill up a post in any office under the State, then it is the duty of the recruiting authority to give necessary information to all in a precise and clear manner.23
22. In Bharat Ch. Jena (supra), the Division Bench of this Court held that once the selection process was started, the norms fixed in the advertisement could not have been changed and if they were liable to be changed, then the same should have been published in the like manner in which initial advertisement was published. Non-publication of the norms changed subsequently after starting of the selection process was violative of Article 16 of the Constitution and thus is not sustainable in the eye of law.
This Court has also taken similar view in Subhaya Prusty (supra), Dr. Smrutisudha Pattnaik (supra) and Suchitra Sethi (supra).
23. Applying the ratio, as discussed above, to the present context, there cannot be any second opinion with regard to law laid down by the apex Court as well as this Court and the same can also be applicable to the present context, in view of the fact that once the process of selection started for admission in Class-VI of Jawahar Navodaya Vidyalaya, Bagudi, Balasore pursuant to 24 prospectus in Annexure-1, the same cannot be changed or altered pursuant to subsequent notice issued under Annexure-3 dated 31.03.2020, which is violative of Article- 16 of the Constitution of India.
24. While entertaining the writ petition, this Court on 17.07.2020 passed the following order:-
"Heard learned counsel for the petitioner. Learned counsel for the petitioner served four extra copies of the writ application on the learned Assistant Solicitor General appearing for O.Ps. 1 to 4 in Court today to enable learned Assistant Solicitor General to obtain instruction with regard to I.A. no. 7838 of 2020.
Put up this matter on 03.08.2020."
Again on 03.08.2020, this Court passed the following order:-
"The matter is taken up through Video
Conferencing.
Heard Mr. S.K. Mishra, learned counsel for the petitioner and Mr. A. K. Bose, learned Assistant Solicitor General of India.
Mr. S.K. Mishra, learned counsel for the petitioner contended that in the prospectus, reservation of seats for OBC category students for admission has not been mentioned. After examination was over, notice was issued keeping 25% seats reserved for OBC students. It is contended that once advertisement was issued and the petitioner applied for, the rule of game cannot be changed in the midst of selection process. It is further contended that so far as OBC category is concerned, OBC certificate has to be 25 filed, but the application for admission having been filled up by the School authority, the petitioner may be permitted to provide SEBC certificate at the moment.
Mr. A. K. Bose, learned Assistant Solicitor General of India on having received instructions stated that in the event the petitioner files OBC certificate, there shall be no impediment on the part of the authority to consider her case.
In course of hearing, learned counsel for the petitioner states that he will file an affidavit to the effect that on the previous occasion the students belonging to SEBC category had been admitted against the seats of OBC category.
Put up this matter next week to enable learned counsel for the petitioner to cite case laws in support of his contention."
In compliance of the above order dated 03.08.2020, an affidavit was filed by the petitioner on 07.08.2020 paragraph-3 whereof reads as follows:-
"That the petitioner is a small student and with full preparation she appeared the qualifying examination for admission in opposite party no.4's institution in Class-VI. The examination was held on 11.01.2020. But after a long lapse of time the notification under annexure-3 has come and now the school authorities playing mischief and demanding the OBC certificate from the petitioner. Admittedly the petitioner has the SEBC certificate. The plea taken by the opposite parties that the petitioner has applied under OBC category is not sustainable. In the application from there was options for the SC and ST, for the general, for PH and for OBC. Neither the petitioner belongs to SC and ST nor general. So as per the normal practice the school authorities put right mark in the OBC option. It is pertinent to mention here that it is the school authorities, who have filled up the forms in respect of the students as the students are small students. Knowing fully 26 well that the petitioner belongs to SEBC category the school authorities have allowed the petitioner to participate in the selection procedure. Because it was a regular practice for years together. The candidates having the SEBC certificate have been allowed to take admission and now they are prosecuting their study in the school. Number of students having SEBC certificate has been allowed to take admission in the school, even if in their application form they have opted the OBC option. But here in this case the small student has been debarred in the guise of the notification under annexure-3. For better appreciation of the case the SEBC certificates of some students and other documents are annexed herewith as Annexure-8 series."
25. The documents available on record clearly indicates that for the academic session 2019-20, students belonging to SEBC category have been given admission. Thus, there is no valid and justifiable reason available to the opposite parties to deny admission to the petitioner on the plea of issuance of notice under Annexure-3 dated 31.03.2020. The contention raised that if the petitioner produces OBC certificate then opposite parties will admit her in Class-VI without any difficulty, cannot also sustain. Rather, the opposite parties have to proceed in accordance with the guidelines prescribes in the prospectus itself and fill up the seats accordingly.
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26. In view of the factual scenario and legal proposition of law, as discussed above, this Court is of the considered view that issuance of notice under Annexure-3 dated 31.03.2020 introducing reservation for OBC category, after issuance of prospectus under Annexure-1, and action taken thereof cannot sustain in the eye of law. Therefore, the same is liable to be quashed and is accordingly quashed. The opposite parties are thus directed to take steps for admission of the selected candidates in Class-VI, pursuant to selection list published in consonance with the prospectus issued under Annexure-1, as expeditiously as possible, preferably within a period of four weeks from today.
27. The writ petition is thus allowed. However, there shall be no order as to costs.
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DR.B.R.SARANGI, JUDGE Orissa High Court, Cuttack The 28th August, 2020, Alok/Ajaya/GDS