STATE OF ORISSA Vs. SURESH CH NAYAK

JUDGEMENT

(1.) THE State of Orissa through the Secretary, School and Mass Education Department along with other Officers are the petitioners in this application for review. The petitioners have prayed for setting aside the Order dated 20.2.2001 passed in O.J.C. No. 11541 of 2000, Order dated 24.7.2001 passed in Misc. Case No. 9264 of 2001 and the Order dated 24.9.2001 passed in Misc. Case No. 11162 of 2001, arising out of the said Writ Application.

(2.) MR . Sarangi, Learned Senior Standing Counsel on behalf of the petitioners, submitted that O.J.C. No. 11541 of 2000 was filed by the present opp. parties as the petitioners with a prayer to issue a direction to the Opp. Parties who are the petitioners in this review application, to conduct a fresh viva voce test and allow the writ petitioners to participate in the said test with police protection. He submitted that no notice of the said Writ Application was sent to the opp. parties therein i.e., the review -petitioners, but by Order dated 20.2.2001 when the matter was listed for admission, this Court passed the order to the following effect:

(3.) ON considering the rival submissions made by the parties, we find that the prayer made by the review -petitioners is to recall the said orders on the ground that the review -petitioners who were opp. parties in the Writ Application were not noticed nor copy of the Writ Petition was served on them and the Learned Addl. Government Advocate had no instruction from the review -petitioners nor was authorised to give the undertaking, which has formed the basis of the Order dated 20.2.2001 passed in the Writ Application.