Orissa High Court
Dr. Debasis Sahu vs State Of Odisha And Others .... Opposite ... on 25 June, 2024
Author: Murahari Sri Raman
Bench: Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.23437 of 2023
Dr. Debasis Sahu .... Petitioner
Mr. Nihal Rath, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Ms. Sumitra Mohanty, Advocate (for OPSC)
Ms. Saraswati Mohapatra, Advocate (for intervenor)
CORAM:
HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No. ORDER 07. 25.06.2024
This matter is taken up through Hybrid Mode.
2. The petitioner has filed this writ petition with the following prayer:-
"It is, therefore, most humbly prayed that this Hon'ble Court may graciously be pleased Admit the writ application, to issue rule Nisi calling upon the opposite parties to show cause as to why the prayers made hereunder be not allowed, Upon showing insufficient cause/ no cause make the said Rule absolute, Issue writ/ writs in the nature of i. Mandamus directing Opposite Parties more particularly to the Opp. Party No.3 to allow the petitioner for participating in the selection process for the post of Assistant Professor in the Dentistry in terms of Advertisement under Annexure-2 by holding the decision of the O.P. No.3 under Annexure-6 rejecting the candidature of the petitioner to be illegal, arbitrary and unconstitutional; and ii. Direct the O.P. No.1 to recognize the service experience as Senior Lecturer/ Assistant Professor under Sree Sai Dental Colleges and Research Institute, Srikakulam, Andhra Pradesh as equivalent qualification as Tutor/ Senior Resident; iii. And/or may pass such other writ/writs, order/orders, direction/directions as this Hon'ble Court may think fit and proper for the ends of justice.Page 1 of 3
And for this act of kindness the petitioner as in duty bound shall ever pray."
3. Learned counsel for the petitioner brought to the notice of this Court that by order dated 27.07.2023, this Court passed an interim order, which is as follows:-
"As an interim, it is directed that the petitioner be allowed to participate in the Viva Voce Test, which will be conducted by the OPSC. However, the result of the Viva Voce test shall be kept in sealed cover and shall not be published without leave of this Court."
4. Ms. Sumitra Mohanty, learned counsel for the opposite party no.3 - Odisha Public Service Commission was directed to produce final result in a sealed cover before this Court vide order dated 26.02.2024.
5. This Court vide order dated 13.03.2024 passed the following order:-
"***2. Miss. Mohanty, learned counsel appearing for the Odisha Public Service Commission, produced a copy of instruction vide letter dated 13.03.2024. It appears that the OPSC was under a misconception that this Court had stayed publication of the result. The further processes in preparation of the final result. On the contrary the interim order was specific only to the State that the Petitioner was allowed to participate in the viva-voce test and such result was directed to be kept in a sealed cover and shall not be published withouts leave of this Court.
3. In the aforesaid factual background, this Court directs the OPSC to prepare the final result and place the same before this Court by putting the same in the sealed cover.
4. List this matter next week. Counter affidavit be filed in the meantime."
6. Today when the matter is taken up, Ms. Sumitra Mohanty, learned counsel for the opposite party no.3 furnished photocopy of result of "recruitment to the post of Assistant Professor and Dentistry pursuant to Advertisement No.13 of 2018-19" in a sealed cover in presence of Page 2 of 3 counsel for the parties. The sealed cover is opened and this Court finds that Roll No.164 has secured highest grand total marks, i.e., 79.257 out of full marks 115.
7. Mr. Nihal Rath, learned counsel submitted that in the writ petition, he has confined his prayer for allowing the petitioner to appear in the Viva-voce Test for recruitment of aforesaid post. Since the merit list has been furnished to the Court today by the counsel for the OPSC, he does not have any grievance to pursue the matter any further.
8. In view of the aforesaid submission request is made by Ms. Sumitra Mohanty, learned counsel for the OPSC for grant of leave to publish the result.
9. No objection is raised by learned counsel for the petitioner.
10. In view of aforesaid situation, OPSC-opposite party no.3 may publish the results at the earliest.
11. The photocopy of the result as furnished to the Court along with envelope (now opened) in the Court be kept on record for reference.
12. Accordingly, the writ petition stands disposed of. 13 All I.As pending, if any, stand disposed of accordingly.
(M.S. Raman) Judge Suchitra Signature Not Verified Digitally Signed Signed by: SUCHITRA BEHERA Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 25-Jun-2024 18:33:14 Page 3 of 3