Utkal Divas :: The Day that Reshaped Mother Orissa

Earth Hour Movement Gains Ground in Orissa

Former Chief Engineer, Electrical, Mr. Nagendra Nath Mahapatra, who pioneered Earth Hour movement in Orissa and on whose personal initiative a band of brilliant power sector personnel and social activists had held the first preparatory meeting for Earth Hour 2010 in the office of orissamatters.com leading to leaders of various organizations, social workers, trade union leaders, techno academics, journalists and other professionals joining the mission, has made a thorough search and found that the one hour union with global community to reduce carbon footprints has contributed to remarkable reduction in power consumption in this part of the globe.

On an analysis of drawal of Orissa on 27th and on 28th March 2010 from 15-Minute online data of SLDC available in OERC website for the Earth Hour 2010 period between 08.30 PM to 09.30 PM, he has sent us a report.

We are pleased to share it with the global community.

A On 27th from 09.01 to 09.15 PM, the maximum less drawal was 119, the average less drawal during Earth Hour 2010 was 90 MW.
B On 28th there was liner fall in drawal, 2541MW (8.30PM), 2533MW (8.45PM), 2525MW(9PM),2521MW(9,15PM) and
2519MW(9.30PM) , the less average drawal was only 16.50 MW.
C. During EH -2009 the maximum less drawal and average less drawal was 100MW and 75 MW respectively.

This shows, Earth Hour movement, though slowly, but has steadily gained ground in Orissa.

JUDGES CONTRIBUTE TO JUDICIAL CONFUSION IN ORISSA: A SAMPLE INSTANCE

Subhas Chandra Pattanayak

It is not possible for everybody in Orissa to go to the Supreme Court of India against orders of the High Court. So there is least possibility of a recent judgment of Orissa High Court getting tested in the Supreme Court of India. But this judgment kills the clarity and spirit of an earlier judgment of the same High Court while strangulating the original law at Order 7, Rule 11 (b) of the Civil Procedure Code contributing thereby to the confusion that the system of justice sometimes emits.

The law unambiguously says, “Where the relief claimed is undervalued and the plaintiff on being required by the court to so correct the valuation within a time to be fixed by the court fails to do so” there the “plaint shall be rejected”.

Orissa High Court had given to this law absolute clarity by defining ‘rejection’ as ‘refusal of admission’.

In deciding CRP No.268 of 2002 and related Misc. Case No.148 of 2003 on 21.2.2003, the High Court had ruled that the expression, “shall be rejected”, must mean “the plaint shall not be admitted” unless the suit is correctly valued and required duty money received.

It was a epoch making judgment as never before such a clear definition was given to the rejection-component of Order 7 Rule 11 ( c ), C.P.C.

In delivering the judgment, Justice P. K. Tripathy had not stopped with framing this definition; but had gone up to issuing a mandamus that if any District Judge fails to ensure that suits are properly valued and correct amount of court fee quantified before proceeding with the cases, “the High Court should take suitable action including considering the question of efficiency of such judicial officers to function as District Judges”.

This invaluable judgment has been rendered inconsequential by a few judges of the same High Court while allowing Probate Case No. 10 of 2002 converted to C.S.No.38 of 2005 involving property worth at least Rs 1,16,18,138/- to proceed towards “final disposal” in the District Judge Court, Bhubaneswar even though a paltry sum of Rs.5100/- corresponding to a claimed valuation of only Rs.1.5 lakhs is deposited dubiously.

This stark undervaluation, was, by a challenger to the suit, challenged before the Orissa High Court that had given birth to W.P.( C ) No.8077/08 wherein the 2003 case-law referred to supra was strongly stressed upon. The case disposed off on 24 July 2008 sloughed over the definition given to the rejection-component noted above, though the Judge had opined that if the question of valuation is raised afresh the same may be dealt with according to law by the Court below.

The law, read with the case law created by Justice Tripathy in 2003 was clear that the C.S. cannot be maintained sans deposit of duty money matching the valuation of the property which the District judge was duty-bound to determine. But the prayer for determination of the correct amount of duty money as a prerequisite to hearing was rejected again. The Judge, on 24 January 2009 noted, “I do not find any reason to take up the issue at the 1st instance without proceeding with the hearing of the case”. However the order took note of the position that till then valuation was not made an issue and so “whether the case property has been properly valued and if not, the proper valuation thereof and the additional duty money if any, to be paid by the plaintiff-applicant” was added as an issue. But the said issue was not made prerequisite to proceeding with the hearing. So this order too was challenged in W.P.( C) No.3495/09. A single Judge bench of the High Court on 5 September 2009 upheld the District Judge decision even though that was not in consonance with the case law created in 2003. Even the said case law, which the writ-applicant had stressed upon, was not paid attention to in the judgment. Against this judgment a Letters Patent Appeal was preferred. It was dismissed on 17 November 2009 as “misconceived”.

Now therefore, the primacy of determination and collection of duty money on the basis of correct value of the case property made mandatory by Justice Tripathy in C.R.P.No 268 of 2002 stands inconsequential.

Justice Tripathy had made the law so clear that at Para 11 of his judgment (Orissa Law Review 2003 [1]), he had preferred to strengthen his direction with the following observation:

It is provision in Order 7, Rule 11, CPC to reject the plaint if the suit is not properly valued or required court fee is not paid. In other words, a plaint shall not be admitted, inter alia, if there is defect in valuation or non-payment of court fee in accordance with law. Therefore, in this State, the system is prevalent that the plaint be checked by the chief ministerial officer, i.e. the Sheristadar prior to placing the same before the Bench for admission. In that respect, not only Sheristadar should be honest and sincere to his job but also he should be capable of performing that job efficiently and effectively. Therefore, District Judges have been given the discretion to select suitable staff from the eligible category to be posted as Sheristadars. Apart from that, whether or not the Sheristadar performs his duty properly, it is the duty and responsibility of the presiding officer to go into that aspect at the stage of consideration of admission of the suit. In that respect, undoubtedly a judicial officer cannot plead ignorance of law to take an excuse for not properly verifying the aspect of valuation. Therefore, on receipt of a copy of this order, the Civil Judge, Bhubaneswar shall do well to verify that aspect and to pass appropriate order. Learned District Judge shall see to it that there should be a periodical inspection by him of the Civil Courts of the original jurisdiction when the valuation aspect should be particularly gone into. Apart from that, there being requisite instructions from this Court relating to imparting training to ministerial officers by the Registrars of Civil Courts, learned District Judges shall ensure and report compliance that such training programs being undertaken, not for the name sake, but effectively and properly to the satisfaction of the District Judge. In outlaying stations, such training programs be taken up periodically by the senior most Judicial Officer. Where there are more than one officer, Sheristadars and senior grade clerks be also directed to participate in such training programs. The Registry of this Court may also ensure from all the districts relating to compliance of such training program and the matter may be placed before the Court for an administrative decision to take suitable action against the erring District Judges in that respect because to control the subordinate Courts within the Judgeship is not only the duty but also the responsibility of the District Judges and in the event of failure, the High Court should take suitable action including considering the question of efficiency of such judicial officers to function as District Judges.

So, it is not only the duty but also the responsibility of the District judge to see that his Sheristadar does not fail in finding out the correct valuation and honestly helps the Court in imposition of correct amount of court fee. In the instant case it has not happened. Not only the suit stands totally undervalued, but also the derisory duty money was entertained on a day not appointed for accepting the same but posted for purpose of filing of objection, if any, to the question raised on valuation.

But, the High Court has failed to take cognizance of this and has killed the spirit of the definition and force given to Order 7, Rule 11 ( c) of CPC by Justice Tripathy in 2003 as well as the direction he had issued to ensure that bilkers of state exchequer do not succeed in getting undervalued suits fetch their desired relief.

This sample should be cogitated upon if the system of justice is to be saved from an environment of manipulation.

EARTH HOUR, 2010: AN APPEAL

Nagendra Nath Mahapatra, Honorary Advisor, Eastern Region Indian Institute of Sustainable Development (IISD) has urged upon all to observe Earth Hour 2010 on March 27 from 8.30 to 9.30 in the evening. We fully endorse his version rendered below:

1. Earth Hour is a global event organized by World Wide Fund (WWF) for Nature and is generally held in the last Saturday of March annually asking households and business to turn-off their non-essential lights and other technical appliances for one hour to raise awareness towards the need to take action on Climate Change. The Earth Hour is the hour the world unites in a stand against global warming.

2. Earth Hour was conceived by WWF Australia and The Sunday Morning Herald and in March 31, 2007, 2.2 million residents of Sydney participated by switching off their lights and electrical appliances for an hour from 7.30 PM to 8.30 PM local time.

3. This innovative action has captured the imagination of people of 400 cities in 36 countries across the world and 50 million people switched off lights and appliances from 8 PM to 9 PM local time on 29.03.2008 to observe “Earth Hour, 2008”.

4. The “Earth Hour, 2009” was observed from 8.30 PM to 9.30 PM local time on March 28, 2009 in 88 countries and 4088 cities across the World where one billion people participated. As Earth Hour has grown from a one-city initiative in 2007 to a global phenomenon in 2009, renowned icons, including the Great Pyramids, Eiffel Tower, the Coliseum, Christ the Redeemer statute, Buckingham Palace, Beijing’s Olympic Stadium and many more world-famous landmarks have joined the global community in showing leadership on a resolution to climate change.

5. In India five million people in 56 Indian cities participated and saved 1000 MW of demand for power during that one hour where the contribution of Delhi was significant of about 600 MW.
From the icons of history like Qutub Minar, Red Fort, and Humanyun’s Tomb and Chatrapati Shivaji Terminus to the symbols of modern India hotels, cinema complexes and shopping malls-several switched off. Connaught Place in Delhi and Brigade Road in Banglore offered a unique visual spectacle with just the essential lights turned on. 100 top public and private sector organizations participated. Reserve Bank of India, Infosys, Wipro, ICICI, Google, Indian Hotels, HSBC, Standard Chartered India, HP, ITCWelcomgroup, HUDCO, Taj group of hotels and PVR. to name a few.
Amir Khan-nation’s popular youth icon as the Brand Ambassador and cricketers Sachin Tendulkar and Anil Kumble also supported the campgain. Hundreds of educational institutions including IITs, IIMs,MICA, Jamia Milia Islamia, JNU among several youth groups took ownership of the campaign to help make it a success from Cochin to Gangtok and Dehradun to Bhubaneswar.

6. At the initiative of IISD, the “Earth Hour, 2009” was observed in Odisha mostly in towns, municipalities & NAC areas and the saving in Evening Peak Demand was from 100 MW to 48 MW averaging of saving of about 75 MW during that one hour of observance.

7. In July, 2009 Earth Hour’s Vote Earth campaign releases the Vote Earth symbol calling on citizens of the world to show their vote for Earth over Global warming. In December, 2009 Global awareness of climate change soars to unprecedented levels during an historic meeting of 192 nations at the UN Climate Change Conference in Copenhagen, Denmark. Vote Earth campaign culminates on 16th December with Earth Hour Copenhagen.

8. “Earth Hour, 2010” will be held on Saturday March 27 at 8.30 PM to 9.30 PM in 4000 cities & towns across the world switching off their lights for one hour-Earth Hour sending a powerful message that it’s possible to take action on global warming. It will let world leaders know the world is still watching, following the UN Climate Summit in Copenhagen in 2009 which leaves room for a better deal.

9. Here are10 different ways you can support “Earth Hour, 2010” & reduce your carbon footprint.

1). Turning of your lights at 8.30 PM on March 27.
2). Showing your support and adding yourself to the list of global citizens caring the Mother Earth.
3). Talking about Earth Hour in your social network by updating your Facebook status, grabbing a Twibbon, tweeting about your support and more.
4). Get together with your friends and family, by hosting an Earth Hour party.
5). Rally your local council or community group to run an Earth Hour event for your community/group.
6). Make an Earth Hour Lantern as a symbol of hope for the future.
7). Enjoy a family dinner by candlelight.
8). Sit in the Dark and share stories.
9). Gather family & friends for a night picnic in your local park and gaze at the stars.
10). Be creative, Find a new way to mark “Earth Hour, 2010”.

EARTH HOUR-2010, JAI HO.

Nufern Educare Offers a New Academic Concept Developed by Brainbay

Nufern Educare (NE) offers a program that combines different concepts like Vedic Mathematics, Memory Boosters, Abacus, Think Wide, Inner Personality and Art of Communication to students from Class II to XII. It is the master franchise of Brainbay Educare (I) Ptd Ltd, Chennai that has drawn up a Course styled Focus “O” Brain addressed to brain development, memory enhancement, mathematical aptitude, lateral thinking and personality development.

Pointing out how “in today’s highly competitive scenario students are expected to acquire maximum of knowledge in minimum of time” the Director of NE, Subhrakanta Pattanaik told the press today “for the first time parents and students of Orissa are going to benefit from this path breaking course” developed on results of survey on didactic “across 9 states, 13 cities and more than 500 schools” in India.

Brainbay Educare is committed to popularize this unique concept among all major towns of Orissa said Mrs Laxmi Prava Murlidhar, the Chief of Academics (India) of Brainbay.

Public Called Upon to Observe Earth Hour 2010

Organizers led by Er. Nagendranath Mohapatra, Hon. Adviser, Indian Institute of Sustainable Development, called upon the general public of Orissa to observe Earth Hour 2010 by switching off electricity in their houses and offices from 8.30 to 9.30 in the evening on March 27 as a mark on solidarity with the word community in the noble cause of environmental well being of Mother Earth.

Stressing on the importance of Earth Hour in a Press conference, the organizers also hoped that the state government should come forward to link Orissa administration to this noble global cause.

A New Clock Heralds Earth Hour!

Engineer Nagendra Nath Mahapatra, an advisor to Indian Institute of Sustainable Development is a regular contributor to OrissaMatters.com. This article highlights the needs and priorities for observance of the Earth Hour-2010.

MUST THE DOCTORS OF ORISSA HAVE GODFATHERS?

Subhas Chandra Pattanayak

Health hazard afflicts the health department of Orissa to no reprieve. The present health minister Prasanna Acharya has made it so worse that the Doctors who have no godfather in the minister’s proximity are unable to escape harassment.

Notification No.7027 of Health and Family Welfare Department issued on March 18, 2010 is an indicator to this.

Doctors in the Class-I Junior Branch of Orissa Medical Service, who had come to this echelon after putting up about three decades long service, have been promoted en-masse to Class-I Senior Branch on adhoc basis vide Notification No.2465/H, dated January 30, 2010. This Notification of March 18 is the Notification of their posting.

There was no problem in notifying their posting in the order of their promotion on January 30. But that was not to be, as on the anvil, grease was required to shape up the posting order and hence it took time till March 18.

Grapevine in the secretariat was loaded with insinuations matching sudden rise of parking of cars carrying the stickers of logo of the Indian Medical Council that Doctors in Orissa have almost replaced the Red Cross with, in the early mornings and evenings in front of and/or around the residences of a senior class-I officer and a senior Class-III employee of the Health department. These two were emitting the impression that they were the men on whom the minister relies upon to decide as to who of the Doctors would be posted in which of the hospitals.

We in these pages, on February 22, 2010, had captioned the syndrome as “Western Syndicate Shrouds over Orissa Health Service Sector” wherein the following observations were made:

Transfer and posting in health department is a syndrome that often looks like scams. It is open knowledge that there are Doctors who cultivate their posting to lucrative positions or continuance in the capital city for decades when true-to-the profession-persons are shunted out into remote locations to perish for their honesty.

With such experience, when the Doctors on promotion to senior class-I rank are in natural anxiety about their postings, two bureaucrats, one, an Additional Secretary and the other, an assistant in the health department are marked to have given the impression to aspirants that they are the persons that enjoy the confidence of the minister in preparing and finalizing the transfer list. These two belong to the western part of Orissa from where the Minister comes and are conspicuous by their absence on their respective desks as even the attendants say that they are closeted with the minister in finalization of the transfer list. One of these two belongs to Sonepur when the other hails from Bargarh.

The nexus seems unholy, because a minister is not normally expected to pick up persons only of his locality as dependable ones.

Observing thus, we had urged upon the Chief Minister to “take note of it and collect intelligence on whether or not such a regional combine is playing the tricks”.

As the CM, inadvertently or willfully, failed to pay attention to the scam portended, the Notification of March 18 has come out in conformity to apprehensions that fixation of medical officers’ posts has become the norm of administration in the health department.

The minister a few days ago had asserted that history of posting would form the basis of transfer of Doctors to ensure that none of them continue in lucrative stations at the cost of Doctors who have spent good many numbers of years in remote and difficult terraces. What made the same minister take a u-turn and make the Notification dated March 18 by allowing many a Doctors to continue in their pre-promotion lucrative stations and even posting impressive portions of them with adjustment in higher post in their respective stations to ensure that they are not hit by change of place while whosoever had no access to the western syndicate or no aptitude to grease the palms of the godfathers are transferred to disadvantageous remote locations in stark disregard to massive number of years they had spent in those areas, is a matter of easy assumption.

The Orissa Medical Association, the trade union of Doctors in Orissa, has been playing havoc with the lives of patients by brandishing and executing cease-work agitations time and again in order to exhibit the bargaining prowess of its leaders. But, sadly, it has never thought it prudent to harp on adoption of and adherence to any principle of transfer of Doctors that should have saved the physicians committed to professional ethics from disillusionment and from the embarrassment of crawling before the minister or the mandarins in the Secretariat – who are there because these academic jewels had preferred to be Doctors – in a hope against hope to elk out a manageable posting.

This is a sad situation.

And, it is a situation the Chief Minister should look into as the chief executive of the state.

The CM should review the Notifications of March 18 and juxtapose the postings of doctors against their respective histories of postings. If he does this, I am sure; he can know how manipulations are nakedly materialized in the instant chain of transfers. He should take his minister of health to task for having produced such a bad order of transfer that hits the committed doctors’ community while helping the manipulators keep their respective pre-promotion stations under their grip.

Government Doctors’ dependence on godfathers for comfort is the most discomforting hazard that Orissa now stands face to face.

BPUT HELPS EXAM SCAM: WHITHER IS GOING TECHNO EDUCATION?

Subhas Chandra Pattanayak

Whither is techno education going in Orissa? Members of the Academic Council (AC) of Biju Patnaik University of Technology (BPUT) that met at the conference hall of Government College of Engineering and Technology (CET ) on March 10 at 3.30 PM to give “special” consideration to students’ demand for unhindered acquisition of degree, never put this question to themselves as they danced to the tune of private college owners, who fetch huge profit by assuring students of sure success in bagging B.Tech and other degrees of similar face.

The students, who were demanding for obliteration of the stipulation that clearing the backlog subjects of 1st and 2nd semesters would be prerequisite to invoke advantage of “special Examination” to pass in all the failed subjects to fetch their desired degrees have withdrawn their strike, though the resolution of the AC in this matter is yet under cover. Might be, they have succeeded.

In fact, there was no meaning in not allowing students with backlog of the first two semesters to pass the final exam, when the University has already paved the way for students unable to pass in subjects from the 3rd semester onwards to avail advantage of the machination of manipulation it has, since March 28, 2009, provided for under the cover of “special Examinations after the 8th semester” to help failing students purchase their degrees.

How this provision for manipulation is working is discernible in results last published by BPUT and is horrific.

A student has passed in 10 subjects in one slot of “special examinations” whereas another student has passed in 20 subjects and yet another in 21 subjects at a time though they had not been able to pass in those subjects in so many exams during the entire period of four years of their study in the colleges.

But the monstrosity of the scam cannot be fully realized unless one knows how a student who failed to pass in 37 subjects as against 45 prescribed in the B.Tech course, during the period of four years comprising eight semesters, has passed in all those subjects in a single slot using the “Special Examinations after the 8th Semester”, the results of which are declared by the BPUT in December 2009 and viewable to any in its website.

Named after Biju, BPUT is perhaps true to his true color. The Khanna Commission Report has details of scams he executed cleanly in the guise of industrial development in Orissa. Even he had neatly steered the State to have a junk storehouse styled as IDC for using it to get rid of his heavily loosing industries at tremendous profit for his own pockets while branding this treachery as his sacrifice for the State. In these pages there are elaborations on this and many other scams he was involved with when his every scam was preceded with such projection of his noble motives that the victims of the scams were unable to understand as to how their future was being doomed thereby. BPUT seems to be following his footprints in spangling the system with scam scopes under the cover of “Special Examinations” in “home centers” while painting the trick as rays of Orissa’s rise in the sky of the techno educational world.

Showing how the BPUT works to appease the students, in the “background” to its “clarification to students’ demand” revealed in Notice No 4129/09 it has noted:

In order to ease out extremely weak students from the BPUT system ( who would not have the capacity to complete a degree with a prescribed minimum of a final Cumulative Grade Point Average (CGPA) of 6.0, the committee had recommended that a student would have to quit if he has less than 4.50 Semester Grade Point Average( SGPA) in three consecutive semesters ( this was to apply for exams. held w.e.f Odd Semester 2007 ).

Recently on the 28th. of March, 2009 the Academic Council met and decided to withdraw the 4.50 SGPA rule from the 5th. semester onwards; that means no student would be asked to quit once he / she has crossed the 4th. semester .

Further, in the Special Exams. after the 8th. semester, all papers for 3rd. and 4th. semesters were also included. That means, all back papers of 2nd.; 3rd. and 4th. years can now be cleared in the Special Exams if a student has not been able to clear them already in the various previous regular exams. ( he carries unlimited number of back papers to higher semesters today.)

This system of sure success has been further strengthened by providing for such exams to be held in “Home centers”, which are created specifically in the respective colleges of the failed students.

Such ingenuity of helping the colleges help their failed students to pass was steered through the AC by the former Vice Chancellor, Omkar Mohanty, in connivance with the operators whose sole aim is to fish out mints of money.

It is a wild business of black money. The more deficient is the student, the more is the flow of black money into the coffers of the operators of these joints. Money is collected against pledge of success and the owners of the breeding houses of such success were successful in creating the method legalized in BPUT AC as cited supra.

What the Chancellor of BPUT is doing in this matter? Planners knew that Vice-Chancellors of Universities of a State, coming on recommendations of committees created through official tricks, may stay susceptible to political pressure. Therefore they had vested the supreme authority of University management in the Chancellor who none but the Governor of the State could be and the law was so consciously made that the Governor would have never to act according to advice of the Ministry while acting as the Chancellor. Therefore, it is clear that a Governor may be a mute white elephant in management of a State; but he is not supposed to be so in management of any University within the State. So, should he not wake up to his responsibilities as Chancellor of BPUT to save techno education from the machinations of scams?

Should he not review as to how could students, who failed to pass in regular examinations in regular semesters during the entire period of their regular studentship, pass in all the failed subjects in single slots by appearing in the so-called ‘Special Examinations after the 8th semester” so easily?

Whither techno education is really going in Orissa, should he not say?

AGENDA IS GAGGING OF PRESS: GOONS ATTACK MEDIA PERSONS IN POLICE PRESENCE

Member of the Presidium of Media Unity for Press Freedom, senior media leader Prasanta Pattanayak in a statement has attracted attention to ever increasing official attempts in Orissa to gag the Press. As the latest instance, he has raised the issue of assault on media persons in presence of the police at Bhaapur Block of Nayagarh district when they were covering a showdown between the ruling party and the Congress that is in Opposition in Orissa.
Here is his statement on behalf of MUFP:

Attack on media is on the rise in different places, mostly by the police and Govt. officials.

All of us are aware about the case of Laxman Chaudhuty, assult on Aromv reporters by senior Govt. officers, attack on OTV reporter by the Manager of Cuttack Urban Cooperative Bank etc. Raiding of house of senior journalist and writer Dandapani Mohanaptra of Ganjam without search warrant during his absence and terrorising his family members is one of the glaring examples of the attitude of the police. We are extremely sorry that despite our repeated appeal to the Chief Minister to ensure that the media functions freely in all levels, so far the Government has not been able to discipline its police officials and bureaucrats in this regard.

The latest incident of attack on the media persons took place on 16th March, 2010 at Bhaapur block in Nayagarh district where the media persons were attacked jointly by the police and some political hoodlums, while they were covering a demonstration by the Congress workers in front of the block office. Though the media persons appealed the policemen to save them from brick-batting and attack by the miscreants, the police failed to rescue them. Rather, they allegedly help the miscreants to continue their attack on the media with the sole intension to terrorize them.

A number of media persons from Nayagarh have informed that they have already lodged protest against the police and the local administration and have handed over a memorandum to the district collector demanding exemplary action within a week against the police personnel that are responsible for attack.