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Orissa High Court

Soubhagya Sahoo & Ors vs State Of Odisha & Anr. .... Opp.Parties on 15 September, 2023

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                         IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C) No. 27793 of 2023

            Soubhagya Sahoo & Ors.                ....                    Petitioners
                                                            Mr. M.K. Mohanty, Adv.
                                          - Versus -

            State of Odisha & Anr.                     ....              Opp.Parties
                                                           Mr. Saswat Das, AGA
                                                Mr. B.P. Tripathy, Adv. for OPSC
                            CORAM:
                              JUSTICE SASHIKANTA MISHRA

                                          ORDER

15.09.2023 I.A. No. 13312 of 2023 Order No. 1. This matter is taken up through hybrid mode.

5.

2. Heard the parties at length.

3. Having regard to the fact that Section 25 of the Orissa Medical Registration Act, 1961 permits a person with provisional registration to practice medicine in an approved institution, this Court is prima facie of the view that the same may not be treated as a bar for appearing in the examination of Medical Officers in Group-A (Junior Branch) of Odisha Medical & Health Services Cadre under Health & Family Welfare Department. It is however, submitted that the relevant provision(s) needs to be interpreted, for which a full length hearing is necessary. Since the last date of submission of application for the above post is fixed to 18.09.2023, this Court, purely as an interim measure, directs the Odisha Public Service Commission (opposite party No.2) to allow the petitioners to appear in the examination, but their results shall not be published without obtaining leave of this Court.

Page 1 of 2

4. Since it may not be possible to accept the application forms online in respect of the petitioners, opposite party No.2 is further directed to issue and accept such forms in offline mode.

5. I.A. is disposed of.

(Sashikanta Mishra) Judge W.P.(C) No. 27793 of 2023 Order No. 1. List this matter for final disposal on 10th November,

6. 2023.

2. In the meantime, pleadings should be complete and exchanged between the parties.

3. Issue urgent certified copy of this order in course of the day.

(Sashikanta Mishra) Judge A.K. Rana Signature Not Verified Digitally Signed Signed by: AJAYA KUMAR RANA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack Page 2 of 2 Date: 15-Sep-2023 17:51:47