Disposed¶26

Sonali Pattanayak v. State of Odisha

Orissa HC5 Aug 2024WP(C)/9700/2024

Case brief

AI extract

What is this about?

Disability certificate cancellation; fresh medical examination by newly constituted Board of doctors; SCB Medical College and Hospital, Cuttack; Staff Nurse recruitment under ESI Scheme; State of Odisha; parity with identical writ petition W.P.(C) No.11065 of 2024 (order dated 6th May, 2024); six-week timeline; selection list and appointment to be examined by authority; High Court of Orissa; single Judge R.K. Pattanaik, J.; writ petition disposed of with directions.

What did the court decide?

Direction to opposite party No.6 to constitute a Board of doctors (not earlier involved) to examine the petitioner's disability and its extent, to conclude the exercise preferably within six weeks, after which the decision on the selection list and appointment shall be examined by the authority concerned. ¶26

Sonali Pattanayak Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, whose Disability Certificate was cancelled, is entitled to a fresh examination of her disability by a newly constituted Board of doctors (as directed in the identical case W.P.(C) No.11065 of 2024) before her candidature for the post of Staff Nurse under the ESI Scheme is decided.

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Court's answer

On facts more or less identical to W.P.(C) No.11065 of 2024, the petitioner should be afforded an opportunity to prove the extent of her disability, in the interest of justice.

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Ratio / Principle

The writ petition stands disposed of with a direction to opposite party No.6 to constitute a Board comprising a team of doctors not earlier involved, to consider the petitioner's disability and the extent of it.

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Key takeaways

The fresh examination exercise is to be concluded at the earliest, preferably within six weeks of receipt of a copy of the order, whereupon the decision on the selection list and appointment shall be examined by the authority concerned.ratio¶28

Detailed headnote1 paragraphs

Writ petition (W.P.(C) No.9700 of 2024) disposed of: the petitioner, whose Disability Certificate (Annexure-2) stood cancelled vide Annexure-11 by opposite party No.2 while she was under consideration for appointment as Staff Nurse under the ESI Scheme, sought re-examination of her disability. Relying on its earlier order dated 6th May, 2024 in the identical case W.P.(C) No.11065 of 2024, the High Court (R.K. Pattanaik, J.) directed opposite party No.6 to constitute a fresh Board of doctors (not earlier involved) to assess her disability and its extent, to conclude the exercise preferably within six weeks, whereupon the decision on the selection list and appointment shall be examined by the authority concerned.

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.9700 of 2024

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Sonali Pattanayak

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Petitioner

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Mr. S.K. Mishra, Advocate

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-Versus-

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State of Odisha & others

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…. Opposite Parties

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Mr. B.P. Tripathy, AGA

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CORAM:

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MR. JUSTICE R.K. PATTANAIK

ORDER

Order

05.08.2024

No.

This matter is taken up through virtual mode.

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Heard learned counsel for the petitioner and Mr. Tripathy, learned AGA for the State.

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Instant writ petition is filed by the petitioner challenging the impugned order under Annexure-11 of opposite party No.2 and to direct the opposite parties to appoint her as Staff Nurse under the ESI Scheme and to grant her all consequential service benefits on the grounds stated therein.

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Learned counsel for the petitioner submits that the petitioner was issued with the Disability Certificate i.e. Annexure-2 which has been cancelled vide Annexure-11 for being considered to the post of Staff Nurse under the ESI Scheme. It is further submitted that in an identical case, when the Disability Certificate was canceled, a Co-ordinate Bench of this Court directed re-examination

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of such disability of the petitioner therein with a new team of doctors of SCB Medical College and Hospital, Cuttack.

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A copy of the order in W.P.(C) No.11065 of 2024 is shared with Mr. Tripathy, learned AGA for the State in Court.

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Considering the grievance of the petitioner at present and since she claims for a fresh examination on his disability by a Board in an identical manner directed earlier by this Court in W.P.(C) No.11065 of 2024, learned counsel appearing for her would submit that a similar direction is required to be issued in the case at hand.

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Mr. Tripathy, learned AGA for the State submits that if the Court is inclined to considering the request of the petitioner may pass necessary order for a fresh examination of the petitioner’s disability.

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Since a similar matter in W.P.(C) No.11065 of 2024 was earlier disposed of with a direction for the petitioner therein to be freshly examined by a team doctors of SCB Medical College and Hospital, Cuttack with an order dated 6^th May, 2024, the Court is of the view that such an opportunity to prove the extent of disability should be provided to the petitioner in the present case based more or less on identical facts in the interest of justice.

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Hence, it is ordered.

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In the result, the writ petition stands disposed of with a direction to opposite party No.6 to constitute a Board comprising of team of doctors (not earlier involved) to consider disability and the extent of it in the present case vis-à-vis the petitioner for a

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decision which has a direct bearing on her candidature she having applied for being appointed to the post of Staff Nurse under the ESI Scheme and to ensure such an exercise concluded at the earliest preferably within a period of six weeks from the date of receipt of a copy of this order, whereupon, the decision on the selection list and appointment shall be examined by the authority concerned.

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11. Urgent certified copy of this order be issued as per rules.

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(R.K. Pattanaik) Judge

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TUDU

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Signature Not Verified

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Digitally Signed Signed by: THAKURDAS TUDU Reason: Authentication Location: OHC,CTC Date: 07-Jul-2025 17:08:34

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Sonali Pattanayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sonali Pattanayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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