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Narayan Mohanty Vs State of Odisha — Medical Negligence | Orissa HC (2023)

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Orissa HC
2023
Narayan Mohanty Vs State of OdishaNarayan Mohanty v. State of Odisha

Disposed

Narayan Mohanty v. State of Odisha

Orissa HC17 Jan 2023WP(C)/243/2023

Case brief

AI extract

What is this about?

This court disposed of the writ petition in accordance with a previous decision. The respondent opposite party no.2 is directed to arrange for a medical examination of the petitioner to assess her physical disability within a week. A report from the medical college must be submitted within four weeks to guide engagement decisions.

What did the court decide?

Respondent opposite party no.2 directed to get petitioner medically examined within a week and submit medical college report within four weeks.

What the court decided

AI extract

Outcome

Respondent opposite party no.2 directed to get petitioner medically examined within a week and submit medical college report within four weeks.

Issue for consideration

Whether to dispose of the writ petition by applying the principles established in W.P.(C) No. 11022 of 2018.

Detailed headnote1 paragraphs

Disposing of a writ petition by reliance on prior precedent. The respondent is directed to obtain a medical examination of the petitioner to assess her physical disability. The final decision on engagement will be based on the medical report submitted by the designated medical college within the stipulated time.

A compact analysis

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.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P. (C) No. 243 of 2023

Narayan Mohanty

….. Petitioner

Mr. B. Mansingha, Advocate

Vs.

State of Odisha and others

….. Opposite parties

Mr. S. N. Nayak, , ASC

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

17.01.2023

Order No.

01

This matter is taken up through hybrid mode.

Heard learned counsel for the parties.

It is agreed by learned counsel for the parties that the issue involved in this case is analogous to W.P.(C) No. 11022 of 2018, which has been disposed of on 13.07.2018 by a learned Single Judge of this Court.

Therefore, in view of the reasons stated in the detailed order dated 13.07.2018 passed in W.P.(C) No. 11022 of 2018, this writ petition stands disposed of in terms of the said order.

The opposite party no.2 is directed to make requisition to the S.C.B. Medical College and Hospital at Cuttack to get the petitioner medically examined to assess her extent of physical disability which she is suffering, within a week from the date of presenting of the representation along with the order passed by this Court.

On receipt of such requisition, the S.C.B. Medical College and Hospital at Cuttack shall submit a report, within a period of four weeks therefrom, before opposite party no.2, who shall take a decision on the basis of the medical report of the aforesaid medical college, as indicated hereinabove, and take a decision regarding engagement of the petitioner in accordance with law.

Issue urgent certified copy as per rules.

Arun

(DR. B.R. SARANGI, J.)

Page 1 of 1

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether to dispose of the writ petition by applying the principles established in W.P.(C) No. 11022 of 2018.

Cases cited

Colour shows how this judgement treated each authority

AI extract

W.P.(C) No. 11022 of 2018Referred¶3

Parties & counsel

AI extract

petitioner
Narayan Mohanty
respondent
State of Odisha

Coram

AI extract

B.R. Sarangi

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 17 Jan 2023 · January
Registered: 4 Jan 2023
Case no.: WP(C)/243/2023
CNR: ODHC010007462023
Topic: Medical Negligence
Bench: B.r.sarangi
Disposal: Disposed Off

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Cite this judgement

Narayan Mohanty v. State of Odisha, WP(C)/243/2023 (OD), decided on 17 January 2023.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited1

W.P.(C) No. 11022 of 2018Referred¶3

Open Authorities

Bench / Coram

B.R. Sarangi

Parties & counsel