Orissa High Court
Samikhya Dash vs Union Of India & Others Opposite Parties on 19 June, 2024
Author: R.K. Pattanaik
Bench: R.K. Pattanaik
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.13451 of 2024
Samikhya Dash .... Petitioner
Mr. S.K. Brahma, Advocate
-Versus-
Union of India & Others Opposite Parties
Mr. H. Tripathy, Advocate for KVS
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
19.06.2024 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 her 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 to 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 Page 1 of 3 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, her grievance is received in that regard.
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 within a stipulated period taking into account the fact that the husband of the petitioner is a Central Govt. employee, who has been transferred from Puri to Bhubaneswar.
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 seven days from today, to consider admission of her son in one of the KVS within the jurisdiction at Bhubaneswar as per the guidelines applicable to the case and to take a decision within next seven days with an intimation about the same forthwith.
8. Urgent certified copy of this order be issued as per rules.
Page 2 of 39. 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 Tudu Signature Not Verified Digitally Signed Signed by: THAKURDAS TUDU Page 3 of 3 Designation: Sr. Stenographer Reason: Authentication Location: OHC,CTC Date: 20-Jun-2024 12:26:00