DIBYASHA BEHERA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioners, students of Class-VI in Odisha Adharsha Vidyalaya (hereinafter referred to in short 'OAV'), Jamudiha, Nilgiri, Balasore being represented by father-guardians have sought for quashing of the letter No.9064 dtd. 17/11/2020 passed by Opposite Party No.3-State Project Director, Odisha Adharsha Vidyalaya Sangathan, Bhubaneswar, vide Annexure-5 pertaining to direction to conduct reentrance examination in OAV Jamudiha, Nilgiri in the district of Balasore.

(2.) The facts as delineated in the writ petition in a nut shell is that the O.P. No.3 vide notification (Annexure-1) decided for opening of 250 Adarsha Vidyalaya wherein it has been decided for admission of students of Class-VI for Odia and English Medium Entrance Examination would be held on 1/3/2020, as per Annexure-1 to the writ petition. In pursuance to the said notification 546 students applied to take admission in OAV, Jamudiha, Nilgiri, Blasore and out of which 540 candidates appeared in the examination. The students appeared in the examination with proper supervision and guidance by the authorities. The merit list along with waiting list was prepared for Class-VI of the school in question as evident from Annexure-3 series. It has been averred that as per the letter No. 4721 dtd. 12/6/2020, Annexure-4, O.P. No.3 issued a notice for admission of students of the concerned school and admission in all respect was to be completed by 15/7/2020.

(3.) It has been averred that pursuant to the selection, all the petitioners were admitted in Class.VI and the authorities distributed books to them and they are on the verge of completion of Class-VI course as their admission was held in the month of June, 2020. While the matter stood thus, all of a sudden like a bolt from the blue O.P. NO.3 as per letter No. 9064 dtd. 17/11/2020 directed the Principal, Odisha Adharsha Vidyalaya, Jamudiha, Nilgiri, Balasore (O.P. No.6) for re-examination/entrance examination to admission of Class-VI and in the said letter, it has been pointed out that merit list prepared on the basis of Entrance Examination held on 1/3/2020 is treated as cancelled. In the said letter the date of re-entrance test for Class-VI has been fixed to 29/11/2020 and date of admission has been fixed to 8/12/2020 to 11/12/2020, copy of impugned letter is annexed as Annexure-5 to the writ application.