Orissa High Court
Dibyadarshan Tripathy vs State Of Odisha & Anr .... Opposite ... on 21 September, 2023
Author: Sashikanta Mishra
Bench: Sashikanta Mishra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C). No. 30780 of 2023
Dibyadarshan Tripathy ... Petitioner
Mr. A.Rout, Advocate
-Versus -
State of Odisha & Anr .... Opposite Parties
Additional Standing
Counsel
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER
21.09.2023 I.A. No. 14874 of 2023 Order No.
01.
1. This matter is taken up through hybrid mode.
2. Learned counsel for the petitioner submits that the self same issue, was before this Court in the Case of Soubhagya Sahoo & Ors vs. State of Odisha & Anr. ( W.P.(C) No. 27793 of 2023). This Court, by order dated 15.09.2023 in the said case directed the OPSC, purely as an interim measure to allow the petitioners to appear in the examination on the condition that their results shall not be published without obtaining leave of this Court. This Court further directed the OPSC to issue and accept forms in offline mode. Since the last date for submission of application was fixed to 18.09.2023 and the present writ application was also filed on 18.09.2023, learned counsel for the petitioner submits that similar order may be passed in his favour.
3. Mr. P.K. Mohanty, learned Senior counsel appearing for OPSC while opposing the prayer of the petitioner submits that issuance of any direction to issue and accept forms in the offline mode after the last date of submission of applications i.e. 18.09.2023 would be contrary to rules.
Page 1 of 24. This Court finds that the present writ application was filed on 18.09.2023, which is the last date of submission of applications. Therefore, on purely equitable considerations, this Court is inclined to pass similar order in favour of the petitioner as passed in the case of Soubhagya Sahoo & Ors vs. State of Odisha & Anr. ( W.P.(C) No. 27793 of 2023).
5. Accordingly, the I.A. is disposed of directing the OPSC to allow the petitioner to appear in the examination of Medical Officers in Group-A, Junior Branch of Odisha Medical and Health Services Cadre but his result shall not be published without obtaining leave of this Court. The OPSC is further directed to issue and accept his form in the offline mode.
6. It is made clear that this order is passed in favour of the petitioner only because he had approached this Court on the last date of submission of the application i.e. 18.09.2023. The OPSC shall act upon a certified copy to be produced by the petitioner before its Secretary on 25.09.2023.
7. 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, 2023.
02.
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.
4. One extra copy of the writ application be served upon the OPSC counsel.
Signature Not Verified Digitally Signed Signed by: DEEPAK PARIDA (Sashikanta Mishra) Reason: Authentication Location: OHC, Cuttack Judge Date: 21-Sep-2023 19:24:26 Page 2 of 2 Deepak