SAPNESWAR Vs. STATE OF ODISHA

JUDGEMENT

(1.) Mr. Das, learned senior advocate appears on behalf of petitioners and resumes his argument in reply. He refers to paragraph 23 in the counter to submit, prior to notification dtd. 28/8/2019, all previous purported authorization for Constitution of State Level Scrutiny Committee were resolutions. Those are not within meaning of law in article 13 of the Constitution. Paragraph-26 introduces said notification dtd. 28/8/2019. He submits, unlike the resolutions claimed to have been issued in exercise of power under article 162, the notification says it is in exercise of power conferred by sub-sec. (1) of Sec. 6 in Odisha Scheduled Castes, Scheduled Tribes and Backward Classes (Regulation of Issuance and Verification of Caste Certificate) Act, 2011. He submits, the Act is of year 2012, yet to be notified.

(2.) Ms. Pattanayak, learned advocate, Additional Government Advocate appearing on behalf of State interrupts to hand up a brief of documents including corrigendum dtd. 20/3/2023 published by authority in Odisha Gazette Extraordinary on same date. Copies of the documents have been made in Court and handed over to Mr. Das. Text of the corrigendum is reproduced below.

(3.) It is in recollection of this Bench and Mr. Sharma, learned advocate, Additional Government Advocate renders assistance by pointing out that it was noticed by paragraph-3 in order dtd. 2/2/2023 made in W.P.(C) no.3339 of 2021 (Kartik Chandra Pal v. State of Odisha and others (item no.3 in day's list) that there was discrepancy. Paragraphs 3 and 4 of said order is reproduced below. '3. There had been publication of notification dtd. 15/10/2014 in the Odisha Gazette Extraordinary on 15/10/2014, publishing Odisha Act 8 of 2014 for general information. Sec. 1 in the Act is reproduced below.