Allowed

Prakash Kumar Sahoo v. State of Odisha

Orissa HC19 Nov 2024WA/2414/2024

Case brief

AI extract

What is this about?

Intra-court appeal challenging disposal of a writ petition on Junior Teacher (Schematic) selection reservation grievances with liberty to file an application in a disposed writ appeal. The Division Bench held such a direction was erroneous, set aside the Single Judge's order, and restored the writ petition for fresh listing.

What did the court decide?

Impugned order dated 14.08.2024 set aside; W.P.(C) No.19542 of 2024 restored to file and to be listed before appropriate Bench.

Prakash Kumar Sahoo Vs State of Odisha — Education and Admissions | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No.2414 of 2024

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Prakash Kumar Sahoo and others

…. Appellants

Mr.A.Swain, Advocate

-versus-

State of Odisha and others

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…. Respondents

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Mr.Bimbisar Dash, Addl. Government Advocate

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CORAM:

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HON’BLE THE CHIEF JUSTICE HON’BLE MS. JUSTICE SAVITRI RATHO ORDER

Order No.

19.11.2024

This matter is taken up through Hybrid mode.

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When the matter was listed on 08.10.2024, as the learned counsel

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for the petitioner submitted that the case is identical to W.A.No.2293 of 2024, it is listed today alongwith W.A.No.2293 of 2024 disposed of on 08.10.2024.

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The present intra-court appeal has been preferred against an order of

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the learned Single Judge of this Court dated 14.08.2024 passed in W.P. (C) No.19542 of 2024, which reads as thus :

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“1.This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

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2. Heard learned counsel for the parties.

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3. Petitioners have filed the present Writ Petition challenging non-compliance of the principle of reservation with regard to selection and engagement of Junior Teacher (Schematic), 2023 pursuant to the selection process initiated in terms of the Resolution dated 22.08.2023 under Annexure-1.

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Page 1 of 3

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4. It is not disputed in the Bar that the order passed by this Court on 12.03.2024 in a batch of Writ Petitions was challenged before the Writ Appellate Court in W.A. No.580 of 2024 and the Writ Appellate Court has issued directions vide order dated 18.06.2024.

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5. In view of such position, this Court is of the view that any further grievance with regard to the selection process, should be moved before the Writ Appellate Court by filing appropriate application.

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6. In view of the same, this Court grants liberty to the petitioner to make appropriate application in the disposed of Writ Appeal to raise the grievance as raised in the present Writ Petition.

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7. The Writ Petition is accordingly disposed of.”

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Assailing the impugned order, the learned counsel appearing on behalf of the appellants has submitted that for redressal of their grievances, the appellants cannot approach the writ appellate Court by filing an application in a writ appeal which have been disposed of for which the impugned order requires interference.

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Learned counsel appearing on behalf of the appellants appears to be correct in his submission. The grievance raised by the appellants in the writ petition could have been addressed by the learned Single Judge, taking into account the division Bench decision of this Court in W.A. No.580 of 2024.

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In that view of the matter, the impugned order deserves interference

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and is accordingly set aside. This writ appeal is allowed.

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Page 2 of 3

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The writ petition bearing W.P.(C) No. 19542 of 2024 is restored to

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its original file.

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Let W.P.(C) No.19542 of 2024 be listed before the appropriate

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Bench according to the assignment.

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(Chakradhari Sharan Singh) Chief Justice

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(Savitri Ratho) Judge

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Bichi

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Signature Not Verified

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Digitally Signed Signed by: BICHITRANANDA SAHOO Designation: Secretary Reason: Authentication Location: Orissa High Court Date: 20-Nov-2024 10:48:28

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Page 3 of 3

Prakash Kumar Sahoo v. State of Odisha

Case brief

What is this about?

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Prakash Kumar Sahoo v. State of Odisha

Case brief

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