Sadhna Basanti Lugun vs Union Of India & Others

A.K. Mohapatra, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel for the Petitioner as well as learned D.S.G.I. along with Ms. B.L. Tripathy, learned Central Government Counsel & learned Additional Standing Counsel for the State-Opposite Parties. Perused the Writ Petition as well as the documents annexed thereto.

The present Writ Petition has been filed by the Petitioner with the following prayer :

“It is therefore, most humbly prayed that this Hon'ble Court be graciously pleased to

i) Admit the writ application.

ii) Call for the record.

iii) Issue a writ in the nature of mandamus or any other writ/writs, direction/directions directing the O.P.s to issue the academic certificate of D.EL.Ed to the petitioner.

iv) And/or pass such other order/orders, direction/ directions as this Hon'ble Court may deems fit and proper for the ends of justice.”

It is submitted by learned counsel for the Petitioner that the Petitioner was initially appointed as a Teacher by the State authorities on 04.07.2014. In the year 2017, the State of Odisha issued a direction for admission of untrained Teachers in NIOS. Accordingly, the Petitioner took admission and completed the course successfully within a stipulated period of time. Thereafter, the results were declared in the official website of NIOS. On verification of result declared by NIOS, the Petitioner found that such result was published subject to verification of Class-12 mark sheet from the concerned State Nodal Officer. It is stated by learned counsel for the petitioner that although the Petitioner approached the authorities on several occasions for verification of +2 mark sheet, however, the same was not carried out. It was also contended that on the last occasion the Petitioner approached the authorities for verification of mark sheet along with a copy of such mark sheet issued by the Council of Higher Secondary Education, Odisha.

Further, referring to the letter under Annexure-5 issued by the Council of Higher Secondary Education, Odisha, learned counsel for the Petitioner submitted that the CHSE has already informed the Petitioner vide letter dated 09.06.2023 under Annexure-5 that the Petitioner has successfully completed the +2 course by securing 348 marks in the year 1999 and accordingly she has been placed in 3rd Division. In such view of the matter, being aggrieved by the inaction of the authorities in publishing the final D.EL.Ed examination result the Petitioner has approached this Court by filing the present writ application.

Learned CGC on behalf of the Union of India on the other hand contended that the Petitioner has not secured marks as is required in the +2 examination for declaration of her result.

Learned counsel appearing for the NIOS on the other contended that the results were published subject to verification of mark sheet. Since the mark sheet was not produced, the final result has not been declared by NIOS. In such view of the matter, learned counsel appearing for the Opposite Parties submitted that the Petitioner be directed to approach the Opposite Parties to reconcile the defects, if any, publication of the result subject to her eligibility.

Considering the submissions of learned counsels appearing for the respective parties and on a careful examination of the background facts and materials on record and keeping in view the limited nature of the grievance involved in the present writ application, this Court deems it proper to dispose of the writ application at the stage of admission by directing the Opposite Party No.5 to consider the representation of the Petitioner under Annexure-4 to the writ application and in the event it is found that the Petitioner is otherwise eligible and she has passed the +2 exam with the desired percentage as per the rules and regulations, then necessary steps be taken for publication of her result, if there is no other legal impediment, within a period of six weeks from the date of communication of a certified copy of this order.

With the aforesaid observations/ directions, the writ application stands disposed of.

Issue urgent certified copy of this order as per Rules.

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