Orissa High Court
Chandra Sekhar Behera vs Opsc on 9 September, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.12883 of 2025
Chandra Sekhar Behera .... Petitioner
Mr. B.K. Sharma, Sr. Advocate
-versus-
OPSC, Chairman, Cuttack
& Anr. .... Opposite Parties
Mr. P.K. Mohanty, Sr. Advocate
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
09.09.2025 I.A. No.14057 of 2025 Order No.
06. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel appearing for the Parties.
3. The Interim application has been filed inter alia with the following prayer:-
"It is therefore prayer that this Hon'ble Court may graciously be pleased to vacate the interim order dtd.14.05.2025 passed in I.A No.7807/2025 arising out of W.P.(C) No.12883/2025 and to grant leave to declare the final result of the OCS Examination -2023 and / or pass any other order that deemed proper;
And for this act of kindness, the Opposite Parties shall as in duty bound ever prayer."
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4. Learned Sr. Counsel appearing for the Commission contended that because of the interim order passed by this Court on 14.05.2025, the entire selection process pursuant to Advertisement dtd.28.12.2023 under Annexure-1 has been stalled and on the face of the completion of the written examination and continuation of the Viva-Voce, which is likely to be completed very shortly, the Commission will not be in a position to publish the final result of the OCS Examination, 2023.
4.1. It is contended that in the advertisement in question, the total post so advertised was 399. However, considering the grievance raised by the present Petitioner in the Writ Petition that he was prejudiced because of the action of the Commission in allowing students having Anthropology subject to appear the said optional subject on a subsequent date with 18 days interval and thereby causing prejudice to the chance of the present Petitioner, this Court passed the interim order with the following direction:-
"1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Pursuant to the order passed earlier, learned Senior Counsel for the Petitioner had served a copy of the writ petition on learned counsel for the OPSC.
3. Mr. Mohanty, learned counsel for the OPSC submitted that the petitioner has not been discriminated and he has been given fair opportunity as has been done in the case of the candidates, who have been given another Page 2 of 5 // 3 // opportunity pursuant to the notification under Annexure- 3 to the writ application. However, learned counsel for the OPSC sought for some more time to obtain proper instruction.
4. Considering such submissions, it is directed that the matter be listed in the week commencing 23.06.2025.
5. As an interim measure, it is directed that in the meantime the written examination may be conducted, however, the final result of the entire selection shall not be published without the leave of this Court till the next date. Further, as an interim the Petitioner is granted liberty to approach the Opposite Party No.2, Secretary, OPSC by filing a detailed representation before the Opposite Party No.2 within a week from today. In such eventuality, the Opposite Party No.2 shall take a final decision on such representation within two weeks thereafter and final decision so taken be communicated to the Petitioner within a week thereafter.
Issue urgent certified copy of this order as per Rules."
4.2. It is also contended that in terms of order dtd.14.05.2025 Petitioner when made a representation under Annexure-A/2, the same has already been rejected vide order dtd.12.06.2025 under Annexure- B/2. Therefore, prayer made in the Writ Petition has become infructuous and Petitioner is required to challenge order dtd.12.06.2025.
4.3. It is contended that unless and until order dtd.12.06.2025 is challenged, Petitioner is not eligible to get any relief as prayed for.
4.4. Learned Senior Counsel appearing for the Commission however contended that the Commission will have no objection to keep one post reserve for the Petitioner, till the issue raised in the present Writ Page 3 of 5 // 4 // Petition is decided by this Court finally. It is accordingly contended that this Court may permit the Commission to complete the selection process pursuant to the advertisement issued on 29.12.2023 under Annexure-1 by keeping one (1) post reserve for the Petitioner.
5. Learned Senior Counsel appearing for the Petitioner though raised a preliminary objection that the I.A be placed before the appropriate bench as a prayer has been made to vacate the interim order dtd.14.05.2025, but in course of hearing fairly contended that if this Court will keep one post reserve for the present Petitioner and permit the Commission to fill up all the rest advertised post, Petitioner will have no grievance.
6. Having heard learned counsel appearing for the Parties and considering the submission made by the learned Senior Counsel for the Petitioner, this Court while disposing the I.A permits the Commission to proceed with the selection process pursuant to Advertisement dtd.29.12.2023 under Annexure-1 and complete the same by keeping one (1) post reserve for the Petitioner till disposal of the Writ Petition.
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6. Accordingly, the I.A stands disposed of.
(Biraja Prasanna Satapathy) Judge W.P.(C) No.12883 of 2025
07. 1. Learned Senior Counsel appearing for the Petitioner prays for some time to file the rejoinder affidavit.
2. As requested, list this matter in the week commencing 13th October, 2025.
3. Rejoinder affidavit, if any, be filed in the meantime.
(Biraja Prasanna Satapathy) Judge Subrat Signature Not Verified Digitally Signed Signed by: SUBRAT KUMAR BARIK Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 12-Sep-2025 18:11:40 Page 5 of 5