Dismissed

Chairman Cum Vice Chancellor Board of Management,Ouat,Bbsr v. Dr.Purna Chandra Mishra

Orissa HC21 Nov 2024WA/2449/2024

Case brief

AI extract

What is this about?

Intra-court appeal by the OUAT against an interim order allowing a retired petitioner to appear for a promotion interview. The High Court dismissed the appeal, directing the university to apply to vacate the interim order if necessary, without adjudicating the merits.

What did the court decide?

The writ appeal was dismissed; no other relief granted.

Chairman Cum Vice Chancellor Board of… — Service and Employment | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No. 2449 of 2024

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W.P.(C) No. 19619 of 2022

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W.A. No. 2449 of 2024

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1. Chairman-cum- Vice-Chancellor, Board of Management, Odisha University of Agricultural and Technology, BBSR

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2. Board of Management, Odisha University of Agricultural and Technology represented through the …. Appellants Secretary-cum- Registrar, OUAT

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Mr. Niranjan Panda, Advocate

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-versus-

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Dr. Purna Chandra Mishra and another

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…. Respondents

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Mr. K.C. Kar, Govt. Advocate Ms. S. Mohanty, Advocate

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W.P.(C) No. 19619 of 2022

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Dr. Purna Chandra Mishra

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…. Petitioner

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Ms. S. Mohanty, Advocate

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-versus-

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State of Odisha & Others

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…. Respondents

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CORAM:

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HON’BLE THE CHIEF JUSTICE HON’BLE MISS JUSTICE SAVITRI RATHO

ORDER

Order No.

01.

21.11.2024

This matter is taken up through Hybrid mode.

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The OUAT has filed the present intra-Court Appeal putting to

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challenge an interim order dated 09.08.2024, whereby the Opposite

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Page 1 of 3

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party has been allowed to appear in the interview for promotion to the post of professor.

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Mr. N. Panda, learned counsel appearing on behalf of the petitioner has submitted that by passing the impugned order, the learned single Judge has granted the main relief and therefore the said order requires interference. He has further submitted that a retired person cannot be allowed to appear in the interview for promotion to the rank of professor.

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We have perused the interim order passed by the learned Single Judge. It is manifest that in order to protect the rights of the parties, the interim order has been passed allowing the petitioner to participate in the selection process “without prejudice to the rights and contentions of both the parties”.

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We have been informed that the writ petition i.e. W.P.(C) No. 19619 of 2022 is going to be listed in the week commencing 25.11.2024.

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The university shall be at liberty to make an application for vacating the interim order passed by the learned single Judge which is impugned in this writ appeal.

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The writ appeal is accordingly dismissed.

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The appellants shall be at liberty to raise all the grounds which

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have taken in the present writ appeal before the learned Single Judge. We have not gone into the merits of such grounds as raised

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in the present intra-court appeal.

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(Chakradhari Sharan Singh) Chief Justice

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(Savitri Ratho)

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Judge

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Subhalaxmi

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Signature Not Verified

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Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI SAHOO Designation: Junior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 22-Nov-2024 11:56:00

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Chairman Cum Vice Chancellor Board of Management,Ouat,Bbsr v. Dr.Purna Chandra Mishra

Case brief

What is this about?

What did the court decide?

Chairman Cum Vice Chancellor Board of Management,Ouat,Bbsr v. Dr.Purna Chandra Mishra

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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