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Orissa High Court

Sangram Keshari Behera vs Union Of India Opposite Party on 2 August, 2024

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  W.P.(C) No.18428 of 2024

          Sangram Keshari Behera                       ....              Petitioner
                                                     Mr. Millan Kumar, Advocate

                                          -Versus-

          Union of India                                            Opposite Party
                                             Mr. H. Tripathy, Advocate for KVS

                     CORAM:
                     MR. JUSTICE R.K. PATTANAIK

                                             ORDER

02.08.2024 Order No.

01. 1. Heard learned counsel for the respective parties.

2. Instant writ petition is filed by the petitioner for a direction to opposite party Nos.4 and 5 to consider admission of his son as a midterm transfer case in one of the KVS at Bhubaneswar on the grounds stated therein.

3. Learned counsel for the petitioner submits that a representation is addressed to the Principal, Kendriya Vidyalaya No.1, Bhubaneswar as at Annexure-1 and as per the guidelines, a copy of which is at Annexure-3, such admission is permissible on TC. It is also submitted that the said guidelines stood amended recently, which has enhanced the capacity per class.

4. Mr. Tripathy, learned counsel for opposite party No.4 submits that in view of amended guidelines, since the capacity for class is enhanced, the case of the petitioner's son for admission in one of the KVS may be considered subject to fulfillment of other criteria, in case, his grievance is received in that regard.

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5. Though, a representation i.e. Annexure-2 is submitted, however, in view of the submission of Mr. Tripathy, learned counsel for opposite party No.4 and the fact that such admission of son of the petitioner in one of the KVS is pleaded for, the Court is of the considered view that the petitioner should be allowed the liberty to submit a detailed representation addressed to opposite party No.4 for such admission in one of the KVS at Bhubaneswar and for a decision thereon within a stipulated period.

6. Hence, it is ordered.

7. In the result, the writ petition stands disposed of with the liberty allowed in favour of the petitioner to submit a fresh representation to opposite party No.4, who on receipt of the same, which shall be within ten days from today, to consider admission of his son in one of the KVS within the jurisdiction at Bhubaneswar as per the guidelines applicable to the case and to take a final decision within next seven days with an intimation about the same forthwith.

8. Urgent certified copy of this order be issued as per rules.

9. A copy of the order be handed over to Mr. Tripathy, learned counsel for opposite party No.4 for its onward intimation and early compliance.

(R.K. Pattanaik) Judge kabita Signature Not Verified Digitally Signed Signed by: KABITARANI MAJHI Reason: Authentication Page 2 of 2 Location: OHC, Cuttack Date: 06-Aug-2024 12:48:57