DAVID C JHAN Vs. PRINCIPALISPAT COLLEGE

JUDGEMENT

(1.) This is an application under Article 226 read with Article 227 of the Constitution challenging the order of the opposite party No. 1 (Annexure 5) by which he has cancelled the admission of the petitioner in his college.

(2.) A brief narration leading to the present writ application is that the petitioner appeared at the Annual High School Certificate Examination 1983 conducted by the Board of Secondary Education, Orissa, opposite Party No. 2. He was declared by the Board to have passed the examination. Thereafter, the petitioner got himself admitted to the 1st Year Class of Intermediate in Commerce in the Ispat College, Rourkela. During the continuance of his studies in that college he was informed that although he was declared to have come out successful in the Annual High School Certificate Examination, 1983, the marks allotted to him were wrong, and by a revised Notification of the Board he was declared to have failed. On the basis of that Notification, the opposite party No. 1 by Annexure 5 has cancelled the admission of the petitioner in his college. Annexure 5 reads as follows:-

(3.) Mr. S.C. Mohapatra, the learned counsel for the opposite party No. 2, fairly submits that this case is fully governed by a Division Bench decision of this Court reported in ILR (1971) Cut 242 : (AIR 1971 Orissa 276), (Gita Mishra v. Utkal University). The principle enunciated by the Division Bench in the said decision reads as follows (at pp. 279-80):--