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2024 DAILYLAW 1244 (ORI)

UTKAL UNIVERSITY, BBSR v. BYOMAKESH NAYAK

WA/550/2024 · 2026-05-07

Chittaranjan Dash, Dixit K S

body2024

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No.550 of 2024 Utkal University, BBSR & Ors. …. Appellants Mr. Tara Prasad Acharya, Advocate <<<< -versus- Byomakesh Nayak …. Respondent Mr. Biren Sankar Tripathy, Advocate ,, CORAM: JUSTICE KRISHNA S. DIXIT JUSTICE CHITTARANJAN DASH Order No. ORDER 07.05.2026 12. Appeal dismissed on merits and also on the conduct of the University in not scrupulously obeying the earlier orders given in a slew of cases and they were not ex-parte. Secondly, it is conceded before us that the University has power to exempt a candidate from attendance. Despite making representation that power was not exercised, and therefore, the power of the Writ Court is co-extensive with the power of the authorities whose proceedings were all called upon vide S. P. Jain v. Kalinga Tubes Lt, AIR1965 SC153. Even otherwise, the order has brought about a just result to the most meritorious candidate. p. 2 In view of the above, the order of the learned Single Judge shall be implemented within three (3) weeks, failing which the high functionaries of the University run the risk of contempt action. (Krishna S. Dixit) Judge (Chittaranjan Dash) Judge AK Pradhan/Priyanka Designation: Senior Stenographer