Writ petition challenging selection conditions for Public Health Extension Officer dismissed for non-prosecution after adjudication deemed barred by time and crystallized rights.
Writ petition dismissed for non-prosecution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPC(OA) No. 1243 of 2014
Rajani Kanta Padhi
…. Petitioner
-versus-
State of Odisha and others …. Opposite Parties Mr. T.K.Praharaj, SC
…. Opposite Parties
CORAM: JUSTICE M.S.SAHOO
Order No.
ORDER
9.5.2022
“1. This matter is taken up through hybrid mode.
The writ petition has been renumbered and registered before this Court on 17.08.2021 after being transferred, upon abolition of Odisha Administrative Tribunal, Cuttack Bench, Cuttack.
2. On perusal of the available order-sheet of the learned Tribunal, it is found that the matter was never taken-up/pursued after 03.05.2016.
3. The original application was filed by the applicant aged about 40 years in the year 2014, challenging the condition in the advertisement dated 23.07.2011 for selection to the post of Public Health Extension Officer taking Multi Purpose Health Workers as the candidates for the said selection. The petitioner’s contention is that he being a pharmacist should also be considered for the said selection process.
// 2 //
4. Learned Standing Counsel referring to the averments and Annexures to the original application submits that as the challenge was to the advertisement dated 23.07.2011 by filing I.A. in the year 2014, nothing would survive at present for adjudication by this Court.
5. It is further submitted that the selection process is since long over and the respective rights of the selected candidate have crystallized.
6. Having heard the learned Standing Counsel, the matter is adjourned to 09.05.2022 to grant another opportunity to the petitioner.”
noted in the order dated 12.4.2022.
dutta
( M.S.Sahoo )
Judge
Page 2 of 2
2 issues framed by the court
Whether the writ petition regarding eligibility conditions for a public health officer post should be allowed or dismissed due to lack of prosecution.
Whether the delay in prosecution and crystallization of selected candidates rights necessitate dismissal of the writ petition.
Rajani Kanta Padhi
State of Odisha
M.S. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
