VIKRAM PATRA Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) THIS is the story of candidate whose mother tongue is Oriya and is born of parents whose mother tongue is also Oriya, yet his case was refused consideration for admission to the M. B. B. S: Course 1987 -88 because he has not passed a test in Oriya equivalent to middle standard. This has come about by reason of a requirement in the prospectus prescribing that if a candidate claims to be a permanent resident of Orissa, he should not only be able to read and write Oriya but would also have passed a test in Oriya equivalent to middle standard.

(2.) THE father of the Petitioner was a defence service personnel and spent a major part of his career till his retirement in 1987 outside Orissa. Perhaps, the Petitioner prosecuted his study in English medium and has no occasion to study Oriya as a part of the curriculum. He, however, has asserted that though he did not study Oriya in any institution, he acquired proficiency in the language privately learning from his parents and through coaching by private tutors. But of course, he did not possess a certificate from any educational institution. He was a candidate for the selection for M. B. B. SIB. D. S. Course 1987 -88. He took the test, even the test in Oriya language. He did not find his name when the results were published. He had done well so he enquired. He learnt that despite better performance than many others who had been selected for admission he was kept out of consideration as he had not submitted a certificate from any institution showing that be bad passed a test in Oriya equivalent to middle standard. It has been averred that the requirement is irrational, arbitrary and has no nexus with the object. It was open to the Government to prescribe such qualification for recruitment to Government service but the logic and justification for prescribing a test in Oriya as a condition proceeding to admission to educational course were questionable, and the Petitioner has invoked the extra -ordinary jurisdiction of this Court to call upon the opposite parties to produce the documents relating to 'his examination and to issue a mandamus directing the parties to admit him to M. B. B. S. Course.

(3.) 3. 1. Permanent Resident of Orissa -Candidates under this category must fulfil the requirements of permanent residentship in Orissa as defined in Government of Orissa, Home Department Resolution No, 38 Reforms, dated the 18th January, 1949. Such candidates shall have to submit certificate of permanent residentship of Orissa from the Tahasildar S.D.O. (Revenue) concerned of the area at the time of admission, if selected. In no case, a candidate will be admitted without submission of this document.