Orissa High Court
Ashish Rath vs State Of Odisha on 11 May, 2026
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
Signature Not Verified
Digitally Signed
Signed by: SASANKA SEKHAR SATAPATHY
Reason: Authentication
Location: HIGH COURT OF ORISSA CUTTACK
Date: 14-May-2026 12:18:44
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.29052 of 2024
(An application under Articles 226 and 227 of the
Constitution of India)
*****
Ashish Rath ... Petitioner
.
-versus-
1. State of Odisha, represented through
Secretary Department of Skill Development &
Technical Education, Lok Seva Bhavan,
Bhubaneswar, Khordha,
2. Biju Pattnaik University of Institute &
Technology, (BPUT) Rourkela At-
Chhend Colony, Rourkela Dist-
Sundargarh-769015, represented through
Director of Examination,
3. Indira Gandhi Institute of Technology
(IGIT) Sarang, At/Po/Dist- Dhenkanal, Opp. Parties
represented through Director
Advocates appeared:
For Petitioner : Mr. Bibhuti Bhusan Mishra, Advocate
For Opp. Party No.1 : Mr. Manmaya Kumar Dash,
Additional Standing Counsel
...
For Opp. Party No.2 : Mr. Debasish Hazra, Advocate
.
For Opp. Party No.3 : Mr. Ajaya Kumar Dash, Advocate
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SANJAY KUMAR MISHRA
----------------------------------------------------
Heard and disposed of on 11.05.2026
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JUDGMENT
By the Bench;
1. This matter is taken up through hybrid mode.
Page 1 of 6 W.P.(C) No.29052 of 2024 Signature Not Verified Digitally SignedSigned by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 14-May-2026 12:18:44
2. Although the matter is listed under the heading 'For Orders' but on the request of Mr. Mishra, learned counsel for the Petitioner and on consent of learned counsel for Opposite Parties, the Writ Petition is taken up for final disposal.
3. This writ petition has been filed with the following prayer:-
"It is therefore prayed that the writ application be admitted notice be issued to the opp. parties to show cause as to why the result of the B. Tech Mechanical completed by the petitioner shall not be published and he shall not be provided with the degree if they fail to show cause or show insufficient cause writ of mandamus be issued commanding the opp. parties to publish the result of the petitioner, i.e., B-Tech (Mechanical) forth with and provide him the degree.
AND Any other writ/writs, order/orders and /or direction/directions be issued as this Hon'ble Court deems fit and proper.
And for this act of kindness, the petitioner shall as in duty bound ever pray."
4. Mr. Mishra, learned counsel for the Petitioner submits that the Petitioner was admitted to B. Tech (Mechanical) course in Indira Gandhi Institute of Technology (IGIT), Sarang-Opposite Party No.3 in the year 2015. In due course, he appeared in 5 th semester in the year 2018. Although he cleared all the papers, but in the practical examination in Design of Mechanical Element (DME) (Registration No.PME 51001), he could not secure the pass mark. Hence, he appeared in the backlog practical of DME in the year 2019. Although he secured pass mark and the marksheet was sent to Opposite Party No.2-Biju Pattnaik University of Technology, Rourkela (BPUT) by speed post with AD by Opposite Party No.3- Page 2 of 6 W.P.(C) No.29052 of 2024 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 14-May-2026 12:18:44 IGIT, Sarang, but his result has not yet been declared and uploaded. As such, the career of the Petitioner is at stake. Hence, the Petitioner, finding no other alternative, has filed the present Writ Petition for the aforesaid relief.
5. Mr. Hazra, learned counsel for BPUT-Opposite Party No.2 placed reliance on Clause 3.5 of the Regulations of the Academic Council, which is as follows:-
"3.0 Subject-wise Registration and Eligibility to appear at Examinations xx xx xx 3.5 A student shall be admitted to any examination in a subject only if he/ she has registered for that subject and paid necessary registration and examination fees in the beginning of the semester.
xx xx xx"
Although the Petitioner has registered himself in the beginning of the 5th semester on payment of requisite fees and appeared in the examination but he could not secure pass mark in the DME practical. Resultantly, the said paper remained backlog. He appeared in the backlog paper in the year 2019. However, he had not registered himself for the backlog paper examination by depositing requisite fee. Had the name of the Petitioner been registered, his name would have been reflected in the University Management System (UMS) Portal and Petitioner's pass mark could have been uploaded in the said Portal. That having not been done, pass certificate of the Petitioner could not be issued in his favour. In the meantime, more than seven years have already elapsed. Thus, the Page 3 of 6 W.P.(C) No.29052 of 2024 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 14-May-2026 12:18:44 Petitioner has to register himself to appear in DME practical examination.
6. Mr. Dash, learned counsel for IGIT-Opposite Party No.3 Institute submits that since the Petitioner has registered himself in the 5th semester by depositing requisite fee no further registration was required and the registration continued to remain valid till the result of the backlog paper examination is declared and uploaded in the UMS Portal. As the name of the Petitioner did not appear in the UMS Portal of BPUT, his practical mark in DME practical examination could not be uploaded through online mode and it was sent by speed post which the BPUT has received. Even after receipt of the said mark sheet, BPUT did not raise any objection. As such, raising a technical objection after lapse of seven years is not justified and for the lapses of the University Petitioner's career is at stake.
7. Mr. Dash, learned ASC submits that since no relief is claimed against Opposite Party No.1, the matter may be adjudicated taking note of the materials available on record and submissions of learned counsel appearing for the Petitioner and Opposite Party Nos.2 and 3.
8. Heard learned counsel for the parties. Perused the materials on record placed before us. On perusal of Clause 3.5 of the Regulations of the Academic Council, it is not clear as to whether the Petitioner has to register himself afresh to appear in the backlog paper examination or not. Admittedly, the Petitioner had registered himself by deposing requisite fee for the 5th semester and he Page 4 of 6 W.P.(C) No.29052 of 2024 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 14-May-2026 12:18:44 appeared in all the papers of the said semester. Unfortunately, he could not secure pass mark in DME practical. Thus, he appeared in the backlog examination for the DME practical in the year 2019 and came out successful and the marksheet was sent to BPUT by speed post. However, name of the Petitioner was not available in the UMS Portal of the BPUT. Thus, it was sent by speed post to BPUT, which was duly received by it.
8.1. It is, however, submitted by Mr. Hazra, learned counsel for Opposite Party No.2-BPUT that the Petitioner was required to register himself afresh to appear in the backlog of DME practical examination by depositing requisite fee. That having not been done, name of the Petitioner could not be uploaded in the UMS Portal. 8.2 Clause-3.7 of the Regulations of the Academic Council stipulates as under:-
"3.7. A student who is promoted to the next higher year with backlogs in the previous year shall be permitted to appear at an examination for the backlog subjects, provided he/she fulfills the conditions 3.3 to 3.6 above."
8.3 Clause 3.7 (supra) of the Regulations of Academic Council makes it clear that a student may be promoted to the next higher year, even if he/she has backlog subject(s). But he/she shall be allowed to appear in the examination for backlog subject(s) if he/she fulfills the conditions of Clauses 3.3 to 3.6 of the said Regulations. Since the Petitioner was permitted to appear in the examination for backlog paper of DME practical and BPUT having not raised any objection to the same after it received the mark sheet of DME Page 5 of 6 W.P.(C) No.29052 of 2024 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 14-May-2026 12:18:44 practical paper, it is presumed that he (the Petitioner) has fulfilled the requirement of Clause 3.5, as quoted above.
9. In view of the discussions made above, this Court finds that the Petitioner appeared in the backlog examination of DME practical and has secured pass mark and his marksheet has already been sent to the BPUT by speed post. In the said backdrop, the result of the Petitioner should have been declared and uploaded without resorting to hyper-technicality.
10. Accordingly, it is directed that the result of the Petitioner B. Tech (Mechanical) shall be declared and pass certificate shall be issued along with mark sheet. The result of the Petitioner in B. Tech. (Mechanical) shall be uploaded in the UMS Portal by the Opposite Party No.2-BPUT as expeditiously as possible, preferably by 31st May, 2026. However, in the facts and circumstances of the case, there shall be no order as to costs.
Urgent certified copy of this judgment be granted on proper application.
(K.R. Mohapatra) Judge (S.K. Mishra) Judge The High Court of Orissa, Cuttack Dated the 11th day of May, 2026/ satapathy Page 6 of 6 W.P.(C) No.29052 of 2024