Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.7433 of 2025
Gaurish Pattanaik
….
Petitioner Mr. N. Panda, Adv. -versus-
Vice-Chancellor, OUAT & Others
….
Opposite Parties Mr. S.K. Jee, AGA Mr. S.C. Rath, Adv. (for O.P. Nos1 & 2)
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
Order No.
ORDER 21.03.2025
02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel appearing for the parties. 3. The present Writ Petition has been filed inter alia with the following prayer:
That the Petitioner therefore prays that this Hon’ble Court may graciously be pleased to admit this petition, issue notice to the Opp. Parties by considering the facts and ground stated above a direction may issue directing the Opposite parties to supply the service certificate and certificate of employment from the employer (regarding status of employment & identification of admission category in KVS) of Anil Kumar Pattanaik the father of the Petitioner which is required for taking admission in Kendriya Vidhyalaya Sangathan, Balasore. Any other or further order this Hon’ble Court may deem fit and proper may pass in favour of the Petitioner. p. 2p. 2 For this act of kindness the Petitioner as duty bound shall ever pray to this Hon’ble Court. 4. It is contended that since father of the Petitioner is an employee working under the Opp. Party No.3, Petitioner’s son is entitled to get a certificate with regard to such status of his father for the purpose of taking admission in Kendriya Vidyalaya, Balasore. It is contended that though Petitioner’s mother has made an application to get such a certificate, but the same is not being issued by the authorities of OUAT. 5. On instruction, Mr. S.C. Rath, learned counsel appearing on behalf of O.U.A.T contended that since the application has been made by the Petitioner represented by his mother and as per the normal practice since such a certificate is issued only when the application is made by the concerned employee, the authorities are not in a position to issue the certificate basing on the application made by the mother of the Petitioner. It is contended that unless and until an employee makes an application to get the benefit, the same cannot be issued. 6. To the submission made by Mr. S.C. Rath, learned counsel appearing for the Petitioner that since there is dispute in between father and mother, the father is not cooperating to make such an application. Since the question is with regard to admission of the son in Kendriya Vidyalaya and when the father did not make any such application, the application was made by the mother of the Petitioner. p. 3p. 3
7. Having heard learned counsel for the parties and considering the submission made and since the future of a minor child is involved because of the dispute in between the parents, a minor child can not be made to suffer. Since admittedly, the father is an employee working under the OUAT, this Court directs Opp. party No.2 to issue the certificate as prayed for, in course of the day. 8.
Learned counsel appearing on behalf of the University is directed to intimate the aforesaid order to the authority for issuance of the certificate in question.
9. The Writ Petition accordingly stands disposed of.
10. Urgent certified copy of the order be granted as per rule. .
(Biraja Prasanna Satapathy)
Judge Sangita