Orissa Court December 1987 Judgments
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Dr. Basanta Kumar Behera and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-24-1987
Reported in: AIR1988Ori124; 65(1988)CLT113
D.P. Mohapatra, J.1. The petitioners, medical graduates, intending to join postgraduate courses in different specialities in the Government Medical Colleges in the State during the year 1986-87, filed this writ petition praying to quash Clauses 2, 6,4,5 and 7.2 of the prospectus issued by the State Govt. and for further direction to the authorities to accept their applications and to permit them to sit at the entrance examination.2. The essence of the grievance of the petitioners was that the aforementioned clauses in the prospectus wherein the applicants were required to fulfil the eligibility requirements by 30th June of the year of admission was fixed arbitrarily and since the petitioners could not fulfil the said requirements due to reasons completely beyond their control, they were deprived of the opportunity to appear at the entrance examination for selection for admission to post-graduate courses.3. The facts relevant for the purpose of disposal of the case may be shortly stated...
The Central Warehousing Corporation, Berhampur Vs. Govinda Choudhury a ...
Court: Orissa
Decided on: Dec-24-1987
Reported in: AIR1989Ori90
ORDERL. Rath, J.1. Both these revisions between the same parties have similar facts and raise identical questions and are disposed of by this common judgment.In Civil Revision No. 394/87, an Arbitrator passed an award on 15-3-82 against the petitioner for Rs. 9,08,736/- with a direction that if the amount is not paid within 15-4-82, it would carry interest at the rate of 12% per annum till it is made rule of the Court. The award was made rule of the court on 26-8-82 with future interest at the rate of 12% per annum granted from the date of the decree till realisation and costs of Rs. 308.35. The amount having not been paid, Execution Case No. 50/83 was filed on 16-12-83 for the principal amount of Rs. 9,08,736/- and interest of Rs. 1,81,747.20 up to 15-12-83. On 27-1-84, a petition was filed by the petitioner of depositing by cheque, through challan, Rs. 9,08,736/- as the 'decretal dues' so mentioned in the column 'particulars of receipt'. On 6-2-84 the opposite party filed apetition f...
Sarat Padhi Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-23-1987
Reported in: AIR1988Ori116; 65(1988)CLT122
H.L. Agrawal, C.J. 1. 'Whether the period of 'at least fifteen clear days' fixed for convening a meeting by giving a notice for consideration of the resolution of want of confidence in the Sarpanch/Naib-Sarpanch,as the case may be, as provided under Section 24(2)(c) of the Orissa Grama Panchayat Act, 1964 (for short 'the Act') is mandagory in nature?' Is the threshould question necessitating this reference to the Full Bench. Equally at issue is the correctness of some observations made in a Bench decision of this Court in Debraj Mallika v. Collector, Puri, (1978) 45 Cut LT 313.2. The facts are undisputed and lie within a narrow compass. The petitioner was elected as Sarpanch of Chandpur Grama Panchayat in the district of Drienkanal sometime in December, 1983. A motion expressing want of confidence was proposed against him and a notice requisitioning a meeting of the members of the Grama Panchayat signed by the requisite number of members was made over to the Sub-divisional Officer, Kam...
Puri Fish Merchants Association and anr. Vs. Puri Municipal Council an ...
Court: Orissa
Decided on: Dec-23-1987
Reported in: AIR1988Ori207; 65(1988)CLT179; [1988]70STC65(Orissa)
Agrawal, C.J. 1. The validity of levy of octrolduty by the Puri Municipality on the purchase and despatch of marine fish and prawn is the question falling for decision in this case referred to a larger Bench.2. Petitioner 1 is a registered association of fish merchants in the town of Puri and petitioner 2 is an individual. Both carry on business in fish and prawn. In course of their business, admittedly they purchase fish, both mariner and fresh-water, from vendors and fishermen within the limits of Puri Municipality and thereafter transport them mostly to their commission agents in Howrah for onward consumption. The opposite party Puri Muncipality, in exercise of its powers under Section 131(1)(kk) of the Orissa Municipal Act imposed octroi duty on fish and prawn either caught from the sea or brought from outside. Section 131(1)(kk) reads as follows : --'131. Power to impose taxes. --(1) The municipal council may, from time to time, at a meeting convened expressly for the purpose, of ...
Misra Agencies and anr. Etc. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-23-1987
Reported in: AIR1988Ori257; 65(1988)CLT312
R.C. Patnaik, J.1. The petitioners, who are dealers in coal, have in this batch of writ applications assailed the programme ofthe State Government sponsoring movement of coal under priority BRK/SSI for the quarter September to December, 1987 as infringing Article 14 of the Constitution of India.2. 'Every action of the executive Government must be informed with reason and should be free from arbitrariness. That is the very essence of the rule of law and its bare minimal requirement.'This obervation of Justice Bhagwati in Raman Dayaram Shetty v. International Airport Authority of India, AIR 1979 SC 1628, which received approval from a Constitution Bench of the Supreme Court in Olga Tellis v. Bombay Municipal Corporation, AIR 1986 SC 180, epitomises an important facet of Article 14 of the Constitution of India.Is there any substance in the grievance of the petitioners, who deal in coal and have filed this batch of writ applications challenging the programme of the State Government; sponso...
Salil Kumar Nayak Vs. State of Orissa and anr.
Court: Orissa
Decided on: Dec-22-1987
Reported in: AIR1988Ori146
R.C. Patnaik, J. 1. The petitioner who was a candidate for admission to the Postgraduate medical course during the session 1985-86 has filed this writ application for a declaration that para. 10.2.2. of the Prospectus was violative of Article 14 of the Constitution and for a mandamus directing the opposite parties to consider his case for admission on the basis of merit.2. The petitioner passed the M.B.B.S. examination from V.S.S. Medical College, Burla in October, 1976. He completed the compulsory rotating housemanship in 1977 and the Resident Housemanship during 1977-78 and was appointed as an Assistant Surgeon in the Sub-divisional hospital at Boudh in the district of Phulbani where he served till 14-9-84. With effect from 15-9-84 he served as a Demonstrator in Anatomy in the S.C.B. Medical College, Cuttack. In 1981, heapplied for admission to the P. G. Course in obstetrics and Gynaecology but he could not secure admission due to fortuitous circumstances. In 1983 he moved the Govern...
Managing Committee, Baptist Church Middle English School, Berhampur an ...
Court: Orissa
Decided on: Dec-22-1987
Reported in: AIR1988Ori250
L. Rath, J.1. The Managing Committee of the Baptist Church Middle English School and the Oriya Baptist Church, Berhampur are the petitioners challenging the order dt. 29-12-81 (Annexure-A) of the District Inspector of Schools, Berhampur Circle constituting the managing committee of the school under Rule 3( 1) of the Orissa Education (Management of Private Schools) Rules, 1980 (Second Amendment Rules, 1981) and for direction that the managing committee be constituted with the consent and assistance of the petitioners with a further prayer for issue of a writ directing the opposite parties not to interfere in any manner with the functioning of the school of the minority community and to give grant-in-aid to the school without discrimination, or in the alternative to constitute the managing committee of the school in accordance with its own constitution.2. The crux of the case of the petitioners is that the school is a minority institution the managing committee of which is constituted in...
Sahara Begum Vs. Board of Secondary Education, Orissa and anr.
Court: Orissa
Decided on: Dec-22-1987
Reported in: AIR1988Ori240
G.B. Patnaik, J.1. The petitioner being aggrieved by the notification of the Board of Secondary Education, Orissa, dt. 16-7-1987 by which notification the results of the Annual High School Certificate Examination, 1987 of the petitioner have been cancelled under Regns. 41(b) and 42(a) of Chapter-X of the Regulations of the Board of Secondary Education, Orissa (hereinafter referred to as the 'Board's Regulation') has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution.2. Petitioner's case briefly stated is that she had appeared in the Annual High School Certificate Examination, 1987, as a correspondence course candidate from Government Girls' High School, Tihidi, Centre in the district of Balasore. The Symbol of the Centre was '16-M' and her roll number was 'X06'. By notification dt. 23rd. June, 1987 (Annexure-1), the petitioner's results were withheld not because of any alleged malpractice but because of other reasons, thereafter the impugned noti...
Digambar SwaIn Vs. the Presiding Officer, Labour Court and anr.
Court: Orissa
Decided on: Dec-21-1987
Reported in: 65(1988)CLT547; (1994)IIILLJ219Ori
R.C. Patnaik, J.1. This writ application by the workman-petitioner is directed against a decision dated 1.5.1980 of the Presiding Officer, Labour Court, in Industrial Disputes Case No. 137 of 1979 holding the termination of service of the petitioner by opposite party No. 2 employer, as legal and justified,2. The petitioner was appointed with effect from 15.6.1965 as a Lower Division Clerk by opposite party No. 2 in the scale of pay Rs. 80-115/- per month. By order dated 30.1.1978 (Annexure-2) his service was terminated as no longer necessary from the date of issue of the order. The order was to the following effect:'Services of Sri Digambar Swain, M. Asst. of this R.C.M.S. being no longer necessary to this institution his services are dispensed with effect from the date of issue of this order, as he is a temporary employee. One month's salary including all allowances from date of termination as per this order be taken by him from the office of the undersigned after handing over charges...
Debadutta Singh Deo and ors. Vs. Berhampur University and anr.
Court: Orissa
Decided on: Dec-15-1987
Reported in: AIR1988Ori156
D.P. Mohapatra, J.1. Some of the students of the Sanjay Memorial Institute of Technology, Ankushpur (shortly referred to as the 'S.M.I.T.') affiliated to the Berhampur University have filed this application under Article 226 of the Constitution of India challenging the notification dated 28th February, 1986 issued by the Controller of Examinations of Berhampur University, as per Annexure-1, cancelling the M.B.A. Part II Examination on the ground that there has been extensive and wide spread malpractice including mass copying of the scripts in various papers and unfair practice in the preparation of the dissertation of the said Examination. The notification purports to have been issued by order of the Administrator, opposite party No. 2.2. The M.B.A., PartII Examination, 1985, was held between 17-4-86 and 4-6-86. As the programme of the Examination as per Annexure-3 indicates, the examinees had to appear in ten different papers, one paper a day, at the Post-graduate Centre for Managemen...
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