NIRUPAMA BEHERA Vs. STATE OF ODISHA AND ORS.

JUDGEMENT

(1.) In filing this writ petition, the petitioner has sought for a direction to the opposite party nos.2 and 3 for admission of the petitioner into Diploma Course in General Nursing and Midwifery Training in the Government Schools of Nursing, Odisha keeping in mind the rank of the petitioner against Scheduled Caste category and the other related disputes.

(2.) Fact as revealed from the pleadings as well as submissions made on behalf of the petitioner is that the petitioner was an applicant for admission in to Diploma Course in General Nursing and Midwifery Training in the Government Schools of Nursing, Odisha for the session 2014-2015, a course for 3 1/2 years. On receipt of the application of the petitioner, she was given reference No.2939 along with the prospectus meant for admission into Diploma Course in General Nursing and Midwifery (for short "G.N.M") Training for the session 2014-2015. From the prospectus it reveals that 50% of the seats are to be filled up through counseling as State quota and rest 50% are to be filled up treating the same to be Management quota and the percentage of the reservation seats are as follows:

(3.) Per contra, on its appearance, the Convener, G.N.M. Selection Committee and Asst .Director, Nursing (Administration), Directorate of Nursing, Odisha-opposite party no.3 filed a counter affidavit, while admitting that the petitioner belongs to Scheduled Caste community and 16.24% of seats are reserved for Scheduled Caste candidates for admission into Diploma Course in General Nursing and Midwifery Training in the Government Schools of Nursing, Odisha and that the petitioner was provisionally selected , she got the rank 38 against the Scheduled Caste category but denied the allegation that the petitioner has been deliberately prevented from admission by not issuing communication through post. This opposite party objected the allegation of the petitioner on the premises that though the application form at Column-12 provides for information on present address for correspondence, no such address has been given for which they were not in a position to make any communication to the petitioner but however the informations were available in the website on 25.10.2014. Further since the opposite party no.3 made a publication dated 22.10.2014 in the local daily newspaper "The Samaj, intimating all concerned that the counseling for admission into 3 1/2 years G.N.M Course for the Session 2014-2015 shall be taken on 24.10.2014 and 27.10.2014 to 31.10.2014, nothing prevented the petitioner to attend the office of the opposite party no.3 and get all such informations. The opposite party no.3 further submitted that the intimation letter of the petitioner dated 16.10.2014 was sent through speed post on 18.10.2014 but without mentioning the corresponding address, for which the letter remained undelivered. The opposite party no.3 ultimately submitted that the counseling in the said post is over since 31.10.2014 and therefore, they are not in a position to give her admission. Even though notice was made sufficient to the other opposite parties, none of them replied to the above submission in the Court nor filed any counter to the allegations raised by the petitioner.